State v. Sherman, Unpublished Decision (7-2-1999)
State v. Sherman, Unpublished Decision (7-2-1999)
Opinion of the Court
OPINION
Defendant-appellant Christopher Sherman appeals the February 3, 1999 Judgment Entry of the Licking County Court of Common Pleas which revoked his community control sanctions and sentenced him to nine months in prison, with credit for twenty-one days served. The State of Ohio is plaintiff-appellee.THE TRIAL COURT COMMITTED HARMFUL ERROR IN FAILING TO GIVE THE DEFENDANT-APPELLANT CREDIT AGAINST THE IMPOSED PRISON SENTENCE FOR TIME SERVED AT THE COMMUNITY BASED CORRECTIONAL FACILITY.
This Court has previously addressed the exact issue appellant raises herein in State v. Michael Peters (May 13, 1999), Licking County App. Nos. 98-CA-00118 and 98-CA-00119, unreported. For the reasons we stated in Peters, we sustain appellant's assignment of error. The judgment of the Licking County Court of Common Pleas is reversed and the cause remanded to that court for further proceedings consistent with this Court's holding in Peters. Specifically, appellant is to be further credited with time served while at the Licking-Muskingum Community Corrections Center.
By: Hoffman, P.J. Farmer, J. and Edwards, J. concur
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