State ex rel. Rankin v. Mohr
State ex rel. Rankin v. Mohr
Opinion
{¶ 1} We affirm the judgment of the court of appeals denying the request of appellant, Robert Rankin, for a writ of mandamus to compel appellee, Gary Mohr, the director of the Ohio Department of Rehabilitation and Correction (“ODRC”), *401 to recalculate the expiration of his stated prison term by crediting each of his concurrent prison terms with 734 days.
{¶ 2} The ODRC director had no duty to reduce Rankin’s Highland County 13-year sentence by the number of days that Rankin was confined for other crimes before he received the 13-year sentence. R.C. 2967.191 provides: “The department of rehabilitation and correction 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 * * The fact that the Highland County court ordered that Rankin’s 13-year sentence be served concurrently with his prior sentences does not affect our determination that Rankin is not entitled to a reduction of his 13-year sentence. See generally State v. Parsley, Franklin App. No. 01AP-612, 2010-Ohio-1689, 2010 WL 1510197, ¶ 48-50. Our holding in State v. Fugate, 117 Ohio St.3d 261, 2008-Ohio-856, 883 N.E.2d 440, does not require a different result, because in that case, the defendant was held on each of the charges before his sentencing, and he was thus entitled to a reduction of each concurrent prison term. Id. at ¶ 17-18.
{¶ 3} Therefore, we affirm the judgment of the court of appeals.
Judgment affirmed.
Reference
- Full Case Name
- The State Ex Rel. Rankin, Appellant, v. Mohr, Dir., Appellee
- Cited By
- 11 cases
- Status
- Published