State v. Snowden
2019 Ohio 2840
Ohio Ct. App.2019Background
- Klone Snowden pled guilty to murder, three counts of aggravated robbery, and one count of witness intimidation; 12 other charges/specifications were dismissed in exchange. Sentence agreed at 15 years to life; trial court orally pronounced concurrent sentences and awarded 94 days jail-credit.
- The trial court filed an original written judgment and then two inconsistent amended judgments (March 20 and March 30, 2018) that altered concurrency/consecutivity language and referenced an unrelated Case No. 2016 CR 3549/1.
- Snowden had a separate 2016 case (2016 CR 3549/1) arising from a November 13, 2016 carjacking; he did not appeal that conviction.
- The PSI reported Snowden had been jailed from April 21, 2017 to February 7, 2018 (293 days). The court awarded only 94 days credit.
- On appeal the State conceded the amended entries did not reflect the oral sentence and agreed the jail-credit award was erroneous; the appellate court remanded for correction of clerical errors and recalculation of jail credit.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Snowden) | Held |
|---|---|---|---|
| Whether trial court could amend the original judgment entries under Crim.R. 36 to correct sentence language referencing another case | Amended entries were incorrect; original entry contained a clerical error referencing Case No. 2016 CR 3549/1 and should be corrected under Crim.R. 36 | Original February 9, 2018 judgment was final; court lacked jurisdiction to change it except for narrow clerical fixes, and Crim.R. 36 did not apply to the amendments made | Court vacated the two amended entries as inaccurate and sustained defendant’s claim in part: corrected the original entry via Crim.R. 36 to remove any reference to Case No. 2016 CR 3549/1 because the oral sentence ordered all counts concurrent |
| Whether the trial court correctly calculated jail-time credit | Conceded trial court erred in awarding only 94 days; recommended vacating that award and remanding for trial court to adopt PSI calculation or explain departure | Claimed entitlement to credit for entire pretrial confinement (concurrent cases), sought remand or instruction to award full credit | Court vacated the 94-day award and remanded for the trial court to determine the correct amount of jail-time credit (noting the PSI shows 293 days but allowing consideration of the separate 2016 case record) |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (establishes procedure for counsel to withdraw when appeals appear frivolous)
- State v. Fugate, 117 Ohio St.3d 261 (2008) (R.C. 2967.191 requires credit for pre-sentence jail confinement)
- State ex rel. Rankin v. Ohio Adult Parole Auth., 98 Ohio St.3d 476 (2003) (trial court makes factual determination of number of days of confinement to credit)