State v. Gates, CA2022-01-009

CourtUnited States Court of Appeals (Ohio)
Writing for the CourtM. POWELL, P.J.
Citation2022 Ohio 3386
PartiesSTATE OF OHIO, Appellee, v. DAVION L. GATES, Appellant.
Docket NumberCA2022-01-009
Decision Date26 September 2022

2022-Ohio-3386

STATE OF OHIO, Appellee,
v.

DAVION L. GATES, Appellant.

No. CA2022-01-009

Court of Appeals of Ohio, Twelfth District, Butler

September 26, 2022


CRIMINAL APPEAL FROM BUTLER COUNTY COURT OF COMMON PLEAS Case No. CR 2021 04 0473

Michael T. Gmoser, Butler County Prosecuting Attorney, and John C. Heinkel, Assistant Prosecuting Attorney, for appellee.

Christopher P. Frederick, for appellant.

OPINION

M. POWELL, P.J.

{¶ 1} Appellant, Davion Gates, appeals from his conviction and sentence in the Butler County Court of Common Pleas. He contends that the trial court failed to give him jail-time credit to which he was entitled. Because we conclude that the trial court miscalculated jail-time credit, we reverse.

{¶ 2} On March 25, 2021, Gates was arrested on multiple felony offenses and put

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in jail. At the time, he was under a community-control sanction for drug possession in a previous case, and a notice of community-control violation was filed in that case. Gates was later indicted on six felony counts, including multiple counts of felonious assault involving a firearm. The trial court set bond at $150,000; Gates remained in jail. On April 9, a magistrate in the community-control case found probable cause that Gates had violated the terms of community control and remanded him into custody, ordering him jailed until a scheduled hearing. A joint hearing in the two cases was held on December 14 at which Gates pleaded guilty, under a plea agreement, to attempted felonious assault, discharging a firearm on or near prohibited premises, and a one-year firearm specification. Gates also admitted to the community-control violation.

{¶ 3} On January 11, 2022, a joint sentencing hearing was held in the community-control-violation case and the felony case. The trial court first administratively terminated community control and granted Gates jail-time credit of 299 days, representing the entire time that he had been in jail since his arrest. Then the court sentenced Gates for the two felonies to two concurrent three-year prison terms plus a consecutive one-year term for the specification. The court granted Gates no jail-time credit against this sentence. Gates appealed from his felony convictions.

{¶ 4} Sole Assignment of Error:

{¶ 5} THE TRIAL COURT IMPOSED A SENTENCE CONTRARY TO LAW WHEN IT FAILED TO GIVE MR. GATES JAIL-TIME CREDIT.

{¶ 6} Gates argues that the trial court should have also granted him 299 days of jail-time credit against his felony sentence.

{¶ 7} "The Equal Protection Clause requires that all time spent in any jail prior to trial and commitment by [a prisoner who is] unable to make bail because of indigency must be credited to his sentence.'" (Emphasis sic.) State v. Fugate, 117 Ohio St.3d 261, 2008-Ohio-856, ¶ 7,

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quoting Workman v. Cardwell, 338 F.Supp. 893, 901 (N.D.Ohio 1972), vacated in part on other grounds, 471 F.2d 909 (6th Cir.1972). This principle is codified in R.C. 2967.191, which requires the department of rehabilitation and correction to "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, including confinement in lieu of bail while awaiting trial * * *."

{¶ 8} In his argument, Gates relies on the Ohio Supreme Court's holding in Fugate that "R.C. 2967.191 requires that jail-time credit be applied to all prison terms imposed for charges on which the offender has been held." Fugate at ¶ 12. But Gates's reliance is misplaced because Fugate does not apply here....

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