STATE OF OHIO v. RICHARD L. GEORGE
C.A. No. 19CA0037-M
IN THE COURT OF APPEALS NINTH JUDICIAL DISTRICT
September 23, 2019
2019-Ohio-3823
CALLAHAN, Judge
STATE OF OHIO ) IN THE COURT OF APPEALS
)ss: NINTH JUDICIAL DISTRICT
COUNTY OF MEDINA )
STATE OF OHIO
Appellee
v.
RICHARD L. GEORGE
Appellant
C.A. No. 19CA0037-M
APPEAL FROM JUDGMENT
ENTERED IN THE
COURT OF COMMON PLEAS
COUNTY OF MEDINA, OHIO
CASE Nos. 18CR0582
18CR0738
DECISION AND JOURNAL ENTRY
Dated: September 23, 2019
CALLAHAN, Judge.
{¶1} Appellant, Richard George, appeals from the judgment of the Medina County Common Pleas Court that denied his motion to correct jail-time credit. For the reasons set forth below, this Court affirms.
I.
{¶2} This appeal involves two criminal cases, 18CR0582 and 18CR0738, in which Mr. George was indicted for two separate incidents of failure to comply with an order or signal of police officer in violation of
{¶4} On January 14, 2019, the trial court filed another warrant of removal ordering the Medina County Sheriff to remove Mr. George from the Richland Correctional Institute and to transport him to the Medina County Common Pleas Court for a jury trial on January 28, 2019. Counsel for Mr. George moved to continue the trial, which was granted, and a pretrial was held instead. Mr. George was returned to the Richland Correctional Institute following the pretrial.
{¶5} Mr. George was again ordered to be removed from the Richland Correctional Institute and transported to Medina County for a hearing on April 1, 2019. On that day, Mr. George changed his plea to guilty in both cases. In each case, Mr. George was sentenced to 9 months in prison, with 17 days jail-time credit. The sentences in these two cases were to be served consecutive to each other and consecutive to the prison term Mr. George was currently serving on a Wayne County conviction.
{¶6} On April 11, 2019, Mr. George, pro se, filed a motion to correct jail-time credit in both of his cases. After reviewing information from the Medina County Sheriff’s Department,
II.
ASSIGNMENT OF ERROR
THE TRIAL COURT ERRED TO THE SUBSTANTIAL PREJUDICE OF [MR.] GEORGE IN FAILING TO MAKE A DETERMINATION AS TO HOW MANY DAYS [HE] HAD ACTUALLY BEEN INCARCERATED AND IN FAILING[] TO GIVE [HIM] CREDIT FOR THOSE DAYS.
{¶7} Mr. George argues that the trial court failed to award him 302 days jail-time credit in both of his cases. This Court disagrees.
{¶8}
{¶9}
{¶10} In this case, Mr. George filed a post-sentence motion to correct jail-time credit. In his post-sentence motion, Mr. George asserted he was entitled to 304 days jail-time credit because the trial court “made a mathematical mistake with respect to * * * the time spent in the county jail” and he was “entitled to credit for time served in a CBCF.”
{¶11} Mr. George’s arguments on appeal as to why he is entitled to additional jail-time credit are different from those he presented to the sentencing court in his motion to correct jail-time credit. On appeal, Mr. George argues for the first time that he is entitled to 302 days jail-time credit because he did not post bond in these cases and he was “already incarcerated on unrelated[] charges in this matter and had been sentence[d] to 3 years.” Mr. George contends that his jail-time credit in these two cases began “when [the] warrants [were] place[d] on him while he was incarcerated” on the unrelated charges.
{¶12} Arguments that were not raised in appellant’s post-sentencing motion regarding errors as to the calculation of jail-time credit cannot be raised for the first time on appeal. See State v. Mohamood, 10th Dist. Franklin No. 17AP-756, 2018-Ohio-3388, ¶ 5, 12 (declining to consider appellant’s argument regarding jail-time credit because it was not raised in his motion for additional jail-time credit filed in the trial court). Mr. George did not argue in his post-sentence motion to correct jail-time credit that he was entitled to jail-time credit from the time
III.
{¶13} Mr. George’s assignment of error is overruled. The judgment of the Medina County Common Pleas Court is affirmed.
Judgment affirmed.
There were reasonable grounds for this appeal.
We order that a special mandate issue out of this Court, directing the Court of Common Pleas, County of Medina, State of Ohio, to carry this judgment into execution. A certified copy of this journal entry shall constitute the mandate, pursuant to
Immediately upon the filing hereof, this document shall constitute the journal entry of judgment, and it shall be file stamped by the Clerk of the Court of Appeals at which time the period for review shall begin to run.
Costs taxed to Appellant.
LYNNE S. CALLAHAN
FOR THE COURT
HENSAL, J.
CONCUR.
APPEARANCES:
RICHARD L. GEORGE, pro se, Appellant.
S. FORREST THOMPSON, Prosecuting Attorney, and VINCENT V. VIGLUICCI, Assistant Prosecuting Attorney, for Appellee.