State v. Kohler, Unpublished Decision (5-29-1998)
State v. Kohler, Unpublished Decision (5-29-1998)
Opinion of the Court
On December 2, 1996, appellant filed a notice of appeal. By opinion and judgment entry filed April 18, 1997, this court affirmed the trial court's sentence, but ordered the Ohio sentence to be served concurrent to the Tennessee sentence due to the trial court's silence on the issue.
On August 11, 1997, appellant filed a motion for jail time credit. By judgment entry filed October 9, 1997, the trial court denied said motion.
Appellant filed a notice of appeal and this matter is now before this court for consideration. Assignment of error is as follows:
I
THE TRIAL COURT ERRORED BY DENYING APPELLANT'S MOTION FOR JAIL TIME CREDIT IN VIOLATION OF OHIO REVISED CODE
2967.191 , AND EQUAL PROTECTION CLAUSE OF THEFOURTEENTH AMENDMENT OF THE UNITED STATES CONSTITUTION, AND THE OHIO CONSTITUTION, ARTICLEI , SECTION2 .
R.C.
The adult parole authority shall reduce the stated prison term of a prisoner by the total number of days that the prisoner was confined for any reason arising out of the offense for which the prisoner was convicted and sentenced, including confinement in lieu of bail while awaiting trial, confinement for examination to determine the prisoner's competence to stand trial or sanity, and confinement while awaiting transportation to the place where the prisoner is to serve the prisoner's prison term.
Although it is the adult parole authority's duty to reduce the term of incarceration by the number of days served prior to sentencing, it is the responsibility of the sentencing court to determine the amount of days for which such credit may be extended. State ex rel. Corder v. Wilson (1991),
Appellant has been incarcerated in the State of Tennessee since July 1, 1988 to date. Appellant's Ohio sentence is to run concurrent with this Tennessee sentence. Such sentence gives appellant credit on both sentences while incarcerated in the State of Tennessee.
As stated in State v. Callender (February 4, 1992), Franklin App. No. 91AP-713, unreported, under Crim.R. 32.2(D) and R.C.
The sole assignment of error is denied.
The judgment of the Court of Common Pleas of Fairfield County, Ohio is hereby affirmed.
By Farmer, P.J., Gwin, J. and Hoffman, J. concur.
For the reasons stated in the Memorandum-Opinion on file, the judgment of the Court of Common Pleas of Fairfield County, Ohio is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.