State v. Altenbaugh, Unpublished Decision (5-30-2003)
State v. Altenbaugh, Unpublished Decision (5-30-2003)
Opinion of the Court
{¶ 2} On October 11, 2001, appellant was found guilty of two counts of non-support of dependents, in violation of R.C.
{¶ 3} On October 30, 2002, appellant filed a motion for jail-time credit pursuant to R.C.
{¶ 4} Appellant asserts that he received six days credit for time served prior to sentencing and another six days for time awaiting transportation after sentencing. Based on our review of the record which shows that appellant was held in the Lucas County Jail from October 12, 2001 until October 25, 2001, when he was transported to the correctional facility, 12 days credit for time served is appropriate. The record also reflects that appellant was arrested on September 6, 2001, and released on bond September 12, 2001, but there is no indication in the record that the trial court credited appellant at sentencing for those six days. We therefore find that appellant is entitled to six additional days of credit for time served.
{¶ 5} Appellant also appears to argue that his jail-time credit should be applied to each of his convictions separately — in essence, that he should be given double credit for time served before he was transported to the regional correctional facility. R.C.
{¶ 6} Based on the foregoing, appellant's sole assignment of error is found well-taken in part and not well-taken in part.
{¶ 7} On consideration whereof, the judgment of the Lucas County Court of Common Pleas with respect to crediting jail time is reversed. This matter is remanded to the trial court to amend its sentencing entry consistent with this opinion and transmit the same to the Ohio Department of Rehabilitation and Correction. In all other respects, the judgment is affirmed. Costs to appellee.
JUDGMENT REVERSED, IN PART AND AFFIRMED, IN PART.
Pietrykowski and Lanzinger, JJ., concur.
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