State v. Dearmond, 2022-CA-17

CourtUnited States Court of Appeals (Ohio)
Writing for the CourtLEWIS, J.
Citation2022 Ohio 3252
PartiesSTATE OF OHIO Plaintiff-Appellee v. MARCUS N. DEARMOND, JR. Defendant-Appellant
Docket Number2022-CA-17
Decision Date16 September 2022

2022-Ohio-3252

STATE OF OHIO Plaintiff-Appellee
v.

MARCUS N. DEARMOND, JR.
Defendant-Appellant

No. 2022-CA-17

Court of Appeals of Ohio, Second District, Clark

September 16, 2022


(Criminal Appeal from Common Pleas Court) Trial Court Case No. 2021-CR-88(A)

IAN A. RICHARDSON, Atty. Reg. Assistant Prosecuting Attorney, Clark County Prosecutor's Office, Appellate Division, East Columbia Street, Suite Springfield, Ohio Attorney for Plaintiff-Appellee

DAVID R. MILES, Atty. Reg. East Dayton-Yellow Springs Road, Fairborn, Ohio Attorney for Defendant-Appellant

OPINION

LEWIS, J.

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{¶ 1} Defendant-Appellant Marcus N. Dearmond, Jr. appeals from his conviction following his guilty plea to one count of robbery, a felony of the third degree. The trial court imposed a sentence of 36 months in prison and granted jail-time credit.

{¶ 2} Dearmond appeals from the court's judgment entry raising a single assignment of error relating to the imposition of his jail-time credit. The State has conceded error pursuant to Loc.R. 2.24 of the Second District Court of Appeals and asks that we remand the case to the trial court solely for the purpose of determining the proper jail-time credit.

{¶ 3} We agree with Dearmond that the trial court erred in failing to specify the total number of days of jail-time credit that he earned as of the date of his sentencing. Accordingly, the judgment of the trial court will be reversed as to the grant of jail-time credit, and the matter will be remanded for the trial court to specify the total number of days of jail-time credit that Dearmond had earned up to and including the date of his sentencing. In all other respects, the judgment of the trial court will be affirmed.

I. Facts and Course of Proceedings

{¶ 4} On February 17, 2021, Dearmond was indicted on one count of robbery in violation of R.C. 2911.02(A)(3), a felony of the third degree. Along with the indictment, a warrant was issued for Dearmond's arrest. Dearmond was served with the warrant on September 4, 2021, and held in custody during the pendency of the case.

{¶ 5} On January 24, 2022, Dearmond entered a guilty plea to the indictment as charged with no agreement on sentencing. After the trial court accepted the guilty plea,

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a presentence investigation report was ordered.

{¶ 6} Sentencing was held on February 14, 2022; the trial court imposed a prison term of 36 months. The trial court stated that Dearmond would "receive credit for time spent in the Clark County jail towards [his] sentence." Sentencing Tr., p. 6. The judgment entry filed thereafter granted jail-time credit "from September 5, 2021 until conveyance to ODRC." Dearmond timely appealed.

I. Jail-Time Credit

{¶ 7} Dearmond's sole assignment of error on appeal states that:

THE TRIAL COURT ERRED IN NOT MAKING A PROPER JAIL-TIME CREDIT CALCULATION.

{¶ 8} Dearmond contends that the trial court erred by failing to specify the total number of days of jail-time credit that he earned at the time of sentencing and failing to include that total number in the judgment entry. In response, the State filed a notice of conceded error under Loc.R. 2.24. We agree that the trial court erred in failing to specify Dearmond's total number of days of jail-time credit and sustain Dearmond's assignment of error.

{¶ 9} "Where, for whatever reason, a defendant remains in jail prior to his trial, he must be given credit on the sentence ultimately imposed for all periods of actual confinement on that charge." State v. Russell, 2d Dist. Montgomery No. 26503, 2015-Ohio-3373, ¶ 37, citing State v. Coyle, 2d Dist. Montgomery No. 23450, 2010-Ohio-2130, ¶ 5. The principal that a defendant is entitled to credit towards his sentence for all time spent in any jail while awaiting trial for that offense is codified in R.C. 2967.191. State v.

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Fugate, 117 Ohio St.3d 261, 2008-Ohio-856, 883 N.E.2d 440, ¶ 7-8.

{¶ 10} R.C. 2967.191 directs the Ohio Department of Rehabilitation and Correction to reduce prison sentences based on jail-time credit related to the offense for which the defendant was sentenced. R.C. 2967.191(A) provides, in relevant part, that:

The department of rehabilitation and correction shall reduce the 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, including confinement in lieu of bail while awaiting trial, confinement for examination to determine the prisoner's competence to stand trial or
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