Opinion
No. 109851
11-05-2020
STATE OF OHIO, Plaintiff-Appellee, v. ROBERT W. KOENIG, Defendant-Appellant.
Appearances: Michael C. O'Malley, Cuyahoga County Prosecuting Attorney, and Karen Greene, Assistant Prosecuting Attorney, for appellee. Mark A. Stanton, Cuyahoga County Public Defender, and Aaron T. Baker, Assistant Public Defender, for appellant.
JOURNAL ENTRY AND OPINION JUDGMENT: REVERSED AND REMANDED Criminal Appeal from the Cuyahoga County Court of Common Pleas
Case No. CR-19-641399-A
Appearances:
Michael C. O'Malley, Cuyahoga County Prosecuting Attorney, and Karen Greene, Assistant Prosecuting Attorney, for appellee. Mark A. Stanton, Cuyahoga County Public Defender, and Aaron T. Baker, Assistant Public Defender, for appellant. EILEEN A. GALLAGHER, J.:
{¶ 1} Appellant, Robert W. Koenig ("Koenig"), has appealed the trial court's failure to award jail-time credit in both of the cases for which he was sentenced on July 21, 2020 in the Cuyahoga County Court of Common Pleas.
{¶ 2} Specifically, the appellant raises the following assignment of error:
The trial court erred in denying Mr. Koenig jail time credit in case number CR-19-641399-A.
{¶ 3} On March 17, 2020, appellant entered a plea of guilty in Cuyahoga C.P. No. CR-19-641399-A to one count of drug possession, a felony of the fifth degree, and in Cuyahoga C.P. No. CR-19-646426-A he entered a plea to assault, a misdemeanor of the first degree.
{¶ 4} On July 21, 2020, appellant was sentenced to 12 months in the Lorain Correctional Institution on the felony charge and 180 days in the Cuyahoga County jail on the misdemeanor charge.
{¶ 5} As to CR-641399-A, the trial court specifically stated in its sentencing journal entry "no credit for time served as credit is being applied to case CR 646426."
{¶ 6} Although there is no filed motion on the docket, on October 1, 2020, in case number CR-641399-A, the trial court entered an order: "Defendant's motion for jail time credit is denied." (There was a motion for jail-time credit filed on October 23, 2020.)
{¶ 7} Pursuant to State v. Fugate, 117 Ohio St.3d 261, 2008-Ohio-856, 883 N.E.2d 440, the trial court shall apply jail-time credit to all cases, when a defendant is sentenced to concurrent terms of imprisonment.
{¶ 8} The state of Ohio has conceded this assignment of error.
{¶ 9} Accordingly, the trial court did err in denying Koenig's motion for jail-time credit in CR-641399-A.
{¶ 10} Koenig's assignment of error is sustained.
{¶ 11} Judgment reversed.
It is ordered that appellant recover from appellee costs herein taxed.
The court finds there were reasonable grounds for this appeal.
It is ordered that a special mandate issue out of this court directing the common pleas court to carry this judgment into execution. Case remanded to the trial court for execution of sentence.
A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure. /s/_________
EILEEN A. GALLAGHER, JUDGE EILEEN T. GALLAGHER, A.J., and
LARRY A. JONES, SR., J., CONCUR