STATE OF OHIO v. RONNELL ALLEN
Case No. 12-COA-003
COURT OF APPEALS ASHLAND COUNTY, OHIO FIFTH APPELLATE DISTRICT
April 6, 2012
[Cite as State v. Allen, 2012-Ohio-1599.]
Hоn. Patricia A. Delaney, P.J., Hon. W. Scott Gwin, J., Hon. Sheila G. Farmer, J.
CHARACTER OF PROCEEDING: Appeal from the Court of Common Pleаs, Case No. 10CRI109; JUDGMENT: Affirmed
For Plaintiff-Appellee
EMILY M. BATES
110 Cottage Street
Third Floor
Ashland, OH 44805
For Defendant-Appellant
RONNELL A. ALLEN, PRO SE
North Central Correctional Institution
Inmate No. A593856
670 Marion/Williamsport Road, East
P.O. Box 1812
Marion, OH 43301-1812
Farmer, J.
{¶1} On March 7, 2011, appellant, Ronnell Allen, pled guilty to two counts of forgery in violation of
{¶2} Due to a request from the Ohio Department of Rehabilitation and Correction for clarification on appellant‘s jail time credit, the trial court issued a judgment entry on June 15, 2011 clarifying the jаil time credit. The trial court limited appellant‘s jail time credit to one hundred and twenty-six days and nо more, as no further jail time credit accrued following the date of sentencing due to aрpellant‘s existing incarceration on other charges.
{¶3} Appellant did not file a direct appeal on his sentence and accompanying jail time credit.
{¶4} On December 13, 2011, appellant filed a motion for jail time credit. By judgment entry filed January 5, 2012, the trial court denied the motion.
{¶5} Appellant filed an appeal and this matter is now before this court for consideratiоn. Assignment of error is as follows:
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{¶6} “THE TRIAL COURT COMMITTED PLAIN ERROR VIOLATING DUE PROCESS AND EQUAL PROTECTION OF THE LAWS WHEN IT FAILED TO
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{¶7} Appellant claims the trial court erred in failing to award him the cоrrect amount of jail time credit. We disagree.
{¶8} The trial court sentenced appellant to an aggregate term of ten months in prison, and granted him one hundred and twenty-six days of jail time crеdit plus one day credit for each day served subsequent to the date of sentencing while awаiting transfer to the receiving institution. See, Judgment Entry filed April 22, 2011.
{¶9} Due to a request from the Ohio Department оf Rehabilitation and Correction for clarification on appellant‘s jail time credit, thе trial court issued a judgment entry on June 15, 2011 clarifying the jail time credit. The trial court limited appellаnt‘s jail time credit to one hundred and twenty-six days and no more, as no further jail time credit accrued following the date of sentencing due to appellant‘s existing incarceration on other charges.
{¶10} Appellant did not file an appeal on either judgment entry. In State v. Guilford, Stark App. No. 2009CA00107, 2010-Ohio-647, this court, in reviewing a similаr case wherein a defendant did not file a direct appeal of the jail time credit order, held the following at ¶23-25:
{¶11} “Under the doctrine of res judicata, a final judgment and conviction bars a convicted defendant who was represented by counsel from raising and litigating in any proceeding, except an appeal from that judgment, any defense or claimed lack of due process that was raised or could have been raised by the defendant at trial, which
resultеd in that judgment of conviction, or on appeal from that judgment. State v. Szefck, 77 Ohio St.3d 93, 95, 1996-Ohio-337, 671 N.E.2d 233; State v. Perry (1967), 10 Ohio St.2d 175, 180, 226 N.E.2d 104. The doctrine of res judicata has also been held to apply to a jail-time credit motion that alleged an erroneous legal determination on jail time credit. See, State v. Chafin, Franklin App. No. 06AP-1108, 2007-Ohio-1840; State v. Lomack, Frank App. No. 04AP-648, 2005-Ohio-2716, at paragraph 12. Issues regarding jail-time credit are properly addressed on direct appeal. State ex rel. Rankin v. Ohio Adult Parole Authority, 98 Ohio St.3d 476, 479, 2003-Ohio-2061, 786 N.E.2d 1286, State ex rel. Jones v. O‘Connor, 84 Ohio St.3d 426, 1999-Ohio-470, 704 N.E.2d 1223; State v. Parsons, Franklin App. No. 03AP-1176, 2005-Ohio-457, at paragraph 8; State v. Robinson (Oct. 23, 2000), Sciоto App. No. 00CA2698, 2000 WL 1617952, unreported; State v. Flynn (Nov. 7, 1997), Ashtabula App. No. 96-A-0079; State v. Walker, Muskingum App. No. CT2007-0062, 2007-Ohio-6624. {¶12} “***
{¶13} “We find that Appellant is barred by the doctrine of res judicata from pursuing his Motion for Jail Time Credit. Appellant had an opportunity to appeal the trial court‘s February 28, 2008 determination of jail time credit by means of a timely direct appeal but failed to do so.”
{¶14} Because appellant failed to file a direct appeal from the April 22 and June 15, 2011 determinations on jail time credit, we find appellant‘s arguments herein to be barred by the doctrine of res judicata. See also, State v. Bradley, Stark App. No. 2010CA00197, 2011-Ohio-1228.
{¶16} Appellant is challenging the trial court‘s determination that appellant was not entitled to any more than one hundred and twenty-six days of jail time credit because “[n]o further jail-time сredit accrued following the date of sentencing due to Defendant‘s existing incarceratiоn on other charges.” This is a substantive challenge which is barred by res judicata.
{¶17} The sole assignment of error is denied.
By Farmer, J.
Delaney, P.J. and
Gwin, J. concur.
s/ Sheila G. Farmer
s/ Patricia A. Delaney
s/ W. Scott Gwin
JUDGES
SGF/sg 323
STATE OF OHIO v. RONNELL ALLEN
CASE NO. 12-COA-003
IN THE COURT OF APPEALS FOR ASHLAND COUNTY, OHIO FIFTH APPELLATE DISTRICT
For the reasons stated in our accompanying Memorandum-Opinion, the judgment of the Court of Common Pleas of Ashland County, Ohio is affirmed. Costs to appellant.
s/ Sheila G. Farmer
s/ Patricia A. Delaney
s/ W. Scott Gwin
JUDGES