Summary
holding that the defendant was not entitled to have the time credited twice against sentences imposed for two separate offenses committed in different jurisdictions
Summary of this case from STATE v. GENTOpinion
No. 86-277
Decided April 1, 1987.
Mandamus — Criminal law — Prisoner seeks double jail time credit for offenses committed in different jurisdictions — Double credit denied.
APPEAL from the Court of Appeals for Ross County.
Appellant, Calvin L. Moss, is appealing from a summary judgment granted appellee, Henry L. Subora, the record officer of the Chillicothe Correctional Institute, in an original action in mandamus filed in the Court of Appeals for Ross County. Appellant is seeking double jail time credit for offenses committed in different jurisdictions. Appellant has also filed with this court a motion for summary judgment and a motion for appointment of counsel.
The cause is now before this court upon an appeal as of right.
Calvin L. Moss, pro se. Anthony J. Celebrezze, Jr., attorney general, and Joseph M. Mancini, for appellee.
Appellant's motions are overruled. In addition, the judgment of the court of appeals is affirmed. Appellant is not entitled to double credit, i.e., two hundred twenty-seven days of jail time credit toward his sentence for both his Franklin County offense and his Ross County offenses.
Judgment accordingly.
MOYER, C.J., LOCHER, HOLMES, DOUGLAS, WRIGHT and H. BROWN, JJ., concur.
SWEENEY, J., not participating.