2016 Ohio 8049
Ohio Ct. App.2016Background
- Lamar E. Williams, Jr. pleaded guilty in July 2014 to a misdemeanor assault in Cuyahoga C.P. No. CR-14-584145-A and was placed on probation (six-month jail term suspended).
- In October 2014 he was indicted on new felony counts in Cuyahoga C.P. No. CR-14-590579-A; he was arrested and jailed on May 27, 2015.
- At a joint hearing on November 20, 2015, Williams pled guilty in the newer case to amended counts and the court imposed an aggregate one-year prison term (concurrent counts) and stated, orally and in the entry, that jail credit would be “credited to PV in CR-14-584145” and that the sheriff should calculate jail credit.
- The trial court found Williams in violation of probation in CR-14-584145-A and terminated probation without imposing the original sentence (effectively treating incarceration as time served on that case).
- Williams filed a motion claiming he was owed an additional 176 days of jail-time credit; the trial court denied the motion on the ground it had credited all time to the probation-violation case. Williams appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Williams was entitled to additional jail-time credit for time served while incarcerated on both the probation-violation case and the new case | State: Trial court properly applied jail-time credit to the probation-violation case where Williams was jailed and the court terminated probation (no additional credit owed) | Williams: Because the probation case was terminated, the jail credit should apply to the new sentence and he is owed 176 additional days | Court: Agreed with State on substantive allocation — no additional credit due — but reversed because the trial court failed to calculate and include the number of credit days itself as required by statute; remanded for the court to compute and enter the credit amount |
Key Cases Cited
- State v. Fugate, 117 Ohio St.3d 261 (2009) (establishes equal-protection rationale for awarding jail-time credit)
- State v. Marcum, 146 Ohio St.3d 516 (2016) (standards for appellate review of sentences under R.C. 2953.08)
- State v. Williams, 126 Ohio App.3d 398 (1998) (offender not entitled to credit for confinement arising from unrelated offenses)