State v. Hayhurst, Unpublished Decision (4-6-2000)
State v. Hayhurst, Unpublished Decision (4-6-2000)
Opinion of the Court
OPINION
Defendant-appellant Charles Hayhurst, Jr. appeals his conviction and sentence entered by the Delaware County Court of Common Pleas on one count of theft, a fifth degree felony, following a jury's verdict of guilty. The State of Ohio is plaintiff-appellee.STATEMENT OF THE CASE, Appellant was indicted on May 8, 1998, on one count of theft, in violation of R.C.
THE TRIAL COURT ERRED BY IMPOSING A RECOGNIZANCE BOND ON APPELLANT WHEN HE WAS TO REMAIN INCARCERATED ON ANOTHER CASE PENDING TRIAL. Appellant's argument is premised on his assertion "had appellant been held in leu [sic] of bail, his eleven months spent awaiting trial would have been credited against his sentence." Appellant's Brief at 6. Appellant concludes, "The court may offer a recognizance bond but should not be able to impose it." Appellant's Brief at 7. We note appellant offers no authority for the latter proposition. Appellant's premise to his underlying argument is flawed. A defendant is not entitled to jail time credit under R.C.
The judgment of the Delaware County Court of Common Pleas is affirmed.
_______________________ HOFFMAN, P.J.
WISE, J. and READER, V.J. concur
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