State v. Fisher , 2018 Ohio 2439 ( 2018 )

[Cite as State v. Fisher, 2018-Ohio-2439.]
IN THE COURT OF APPEALS OF OHIO
THIRD APPELLATE DISTRICT
UNION COUNTY
STATE OF OHIO,
CASE NO. 14-17-09
PLAINTIFF-APPELLEE,
v.
JERROD K. FISHER, OPINION
DEFENDANT-APPELLANT.
Appeal from Union County Common Pleas Court
Trial Court No. 2016-CR-0099
Judgment Affirmed
Date of Decision: June 25, 2018
APPEARANCES:
Jerrod K. Fisher, Appellant
Rick Rodger for Appellee
Case No. 14-17-09
WILLAMOWSKI, P.J.
{¶1} Defendant-appellant Jerrod K. Fisher (“Fisher”) appeals the judgment
of the Union County Court of Common Pleas, claiming the trial court failed to apply
jail time credit to his prison sentences. For the reasons set forth below, the judgment
of the trial court is affirmed.
Facts and Procedural History
{¶2} Fisher was a criminal defendant in two different cases in Union County.
In case number 16-CR-0099, Fisher pled guilty to one count of possessing criminal
tools in violation of R.C. 2923.24(A), 2923.24(C) and one count of involuntary
manslaughter in violation of R.C. 2903.04(A), 2903.04(C). On September 6, 2016,
the trial court sentenced Fisher to a ten-month prison sentence for his conviction for
possessing criminal tools and a seven-year sentence for his conviction for
involuntary manslaughter. Doc. 43. These prison terms were imposed
consecutively. Doc. 43. No jail time credit was applied to these prison sentences
in this judgment entry. Doc. 43. In case number 16-CR-0096, Fisher pled guilty to
two counts of trafficking in heroin. Doc. 50. On March 3, 2017, the trial court
sentenced Fisher and applied 133 days of jail time credit in this sentencing entry.
Doc. 50.
{¶3} On September 8, 2017, Fisher submitted a motion for jail time credit in
which he claimed that he was entitled to 139 days of jail time credit in case 16-CR-
0099. The State opposed this motion on the grounds that Fisher’s jail time credit
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was applied to the sentence imposed in case 16-CR-0096. The State argued that
applying jail time credit in case 16-CR-0099 would give him double the credit that
he had accrued. On September 25, 2017, the trial court found that Fisher was
entitled to a total of 139 days of jail time credit; that Fisher had been given a total
of 133 days of jail time credit in case 16-CR-0096; and that Fisher was, therefore,
entitled to six more days of jail time credit. Thus, the trial court overruled Fisher’s
motion in part and sustained this motion in part, applying a total of six additional
days of jail time credit to Fisher in case 16-CR-0099.
Assignment of Error
{¶4} Appellant filed his notice of appeal on October 6, 2017. On appeal,
appellant raises the following assignment of error:
The record in this matter does not support the imposition of jail
time credit pursuant to state law, R.C. 2967.191.
In his brief, Fisher argues that the trial court’s decision not to apply 133 days of jail
time credit in case 16-CR-0099 was fundamentally unfair.
Legal Standard
{¶5} Under R.C. 2967.191,
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,
including confinement in lieu of bail while awaiting trial * * *.
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Case No. 14-17-09
R.C. 2967.191. “The Adult Parole Authority has the duty to grant jail time credit,
however, ‘the trial court has the duty to properly calculate the number of days to be
credited.’” State v. Duaghenbaugh, 3d Dist. Wyandot No. 16-09-05, 2009-Ohio-
3823, ¶ 17, quoting State v. Eaton, 3d Dist. No. 14-04-53, 2005-Ohio-3238, ¶ 9.
{¶6} The doctrine of res judicata holds that
a final judgment of conviction bars a convicted defendant who
was represented by counsel from raising and litigating in any
proceeding, except an appeal from that judgment, any defense or
claimed lack of due process that ‘was raised or could have been
raised by the defendant at the trial, which resulted in that
judgment of conviction, or on an appeal from that judgment.’
State v. Dahms, 3d Dist. Seneca No. 13-17-23, 2018-Ohio-349, ¶ 10, quoting State
v. Perry, 10 Ohio St. 2d 175, 226 N.E.2d 104 (1967), paragraph nine of the syllabus.
‘[T]he doctrine of res judicata applies to a jail-time credit motion
that alleges an erroneous legal determination on jail-time credit.’
‘[A] defendant may only contest a trial court’s calculation of jail-
time credit in an appeal from the judgment entry containing the
allegedly incorrect calculation.’ However, ‘if the trial court
makes a mathematical mistake, rather than an erroneous legal
determination, in calculating the jail-time credit, then a defendant
may seek judicial review via a motion for correction before the
trial court.’
(Citations omitted.) State v. Britton, 3d Dist. Defiance Nos. 4-12-13, 4-12-14, and
4-12-15, 2013-Ohio-1008, ¶ 14.
Legal Analysis
{¶7} In this case, Fisher submitted a motion on September 8, 2017, in which
he requested a total of 139 days of jail time credit be applied to his sentence. This
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motion was submitted after the window had closed for filing a direct appeal.
However, this motion raised questions regarding the mathematical calculation of
jail time credit. The trial court determined that the prior calculation failed to account
for six days of jail time credit and, therefore, applied six days of jail time credit to
Fisher’s sentence. On appeal, however, Fisher does not challenge the trial court’s
mathematical calculation of jail time credit. Rather, Fisher challenges the
fundamental fairness of the trial court’s application of jail time credit in this case.
Fisher’s arguments address legal issues that could have been raised on direct appeal.
Thus, the arguments raised in this appeal are barred by res judicata. For this reason,
Fisher’s sole assignment of error is overruled.
Conclusion
{¶8} Having found no error prejudicial to the appellant in the particulars
assigned and argued, the judgment of Union County Court of Common Pleas is
affirmed.
Judgment Affirmed
ZIMMERMAN and SHAW, J.J., concur.
/hls
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