State v. Warren, 91656 (4-23-2009)
State v. Warren, 91656 (4-23-2009)
Opinion of the Court
"Where the state is in violation of its own statutes, by not crediting appellant the time he was ordered to be placed in community control sanction. Where appellant is entitled to all time that he was under lock-down pursuant to Ohio Revised Code
2967.19 and2967.191 ."
{¶ 2} Having reviewed the record and pertinent law, we conclude Warren's appeal is moot and affirm the trial court's decision. The apposite facts follow.
{¶ 4} Warren was released from inpatient treatment on October 26, 2006. He thereafter violated his community control sanction four times by using drugs. The first three times, the trial court continued Warren's community control sanction. However, the fourth time, he not only tested positive for cocaine, he also failed to submit previous urine samples, failed to report to his probation officer, and failed to take his psychiatric medicine. As a result, the trial court terminated Warren's community control sanction and sentenced him to 12 months in prison. The trial court deducted 182 days from the sentence for time that Warren had spent in jail.
{¶ 5} Warren filed a motion with the court to receive additional jail-time credit for the ninety days he spent in the inpatient treatment for his drug addiction and mental illness. The trial court denied the motion.
{¶ 7} A review of the record indicates that Warren has fully served his sentence. Because the trial court deducted 182 days from Warren's sentence for the time he spent in jail, he only had to serve approximately six months of his twelve-month sentence. He, therefore, completed his entire sentence by October 2008. Thus, even if we concluded the trial court erred and should have credited *Page 5 Warren for the time he served in an inpatient rehabilitation facility, we would be unable to rectify the error. Therefore, his appeal is moot.1
{¶ 8} We note that although Warren has served his sentence in this case, he is still incarcerated on an unrelated case. However, in spite of the fact he is currently incarcerated, his appeal is still moot. Warren is not entitled to credit for time served on a sentence imposed for another offense.2 According to R.C.
Judgment affirmed.
It is ordered that appellee recover of appellant its costs herein taxed.
The court finds there were reasonable grounds for this appeal. *Page 6
It is ordered that a special mandate be sent to said court to carry this judgment into execution. Case remanded to the trial court for execution of sentence.
A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure.
COLLEEN CONWAY COONEY, A.J., and SEAN C. GALLAGHER, J., CONCUR.
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