[Cite as State v. Pingle, 2013-Ohio-4876.]
COURT OF APPEALS
PERRY COUNTY, OHIO
FIFTH APPELLATE DISTRICT
STATE OF OHIO : JUDGES:
: Hon. Sheila G. Farmer, P.J.
Plaintiff-Appellee : Hon. Patricia A. Delaney, J.
: Hon. Craig R. Baldwin, J.
-vs- :
:
BRANDON K. PINGLE : Case No. 13-CA-00005
:
Defendant-Appellant : OPINION
CHARACTER OF PROCEEDING: Appeal from the Court of Common
Pleas, Case No. 10-CR-0088
JUDGMENT: Reversed and Remanded
DATE OF JUDGMENT: November 1, 2013
APPEARANCES:
For Plaintiff-Appellee For Defendant-Appellant
JOSEPH A. FLAUTT JAMES S. SWEENEY
111 North High Street 341 South Third Street
P.O. Box 569 Suite 301
New Lexington, OH 43764-0659 Columbus, OH 43215
Perry County, Case No. 13-CA-00005 2
Farmer, P.J.
{¶1} On November 15, 2010, the Perry County Grand Jury indicted appellant,
Brandon Pingle, on one count of escape in violation of R.C. 2921.34. Appellant pled
guilty as charged. By termination judgment entry filed June 17, 2011, the trial court
sentenced appellant to five years of community control, ordered him to serve ninety
days in jail, and granted him zero days of jail time credit.
{¶2} On July 10, 2012, appellant admitted to a probation violation. By journal
entry filed July 25, 2012, the trial court sentenced appellant to thirty-seven days in jail
and granted him thirty-seven days of jail time credit.
{¶3} On January 22, 2013, appellant's probation was revoked. By termination
judgment entry filed February 4, 2013, the trial court sentenced appellant to eleven
months in prison and granted him one day of jail time credit.
{¶4} On May 10, 2013, appellant filed a motion for additional jail time credit. By
entry filed May 20, 2013, the trial court denied the motion.
{¶5} Appellant filed an appeal and this matter is now before this court for
consideration. Assignment of error is as follows:
I
{¶6} "THE TRIAL COURT ERRED BY NOT GIVING APPELLANT ALL
REQUIRED JAIL-TIME CREDIT PURSUANT TO STATE V. FUGATE, 117 OHIO ST.3D
261, 883 N.E.2D 440, 2008-OHIO-856."
I
{¶7} Appellant claims the trial court failed to give him all of his required jail time
credit. We agree.
Perry County, Case No. 13-CA-00005 3
{¶8} R.C. 2967.191 governs credit for confinement awaiting trial and
commitment and states the following:
The department of rehabilitation and correction shall reduce the
stated prison term of a prisoner or, if the prisoner is serving a term for
which there is parole eligibility, the minimum and maximum term or the
parole eligibility date of the 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 sanity, confinement while awaiting
transportation to the place where the prisoner is to serve the prisoner's
prison term, as determined by the sentencing court under division
(B)(2)(g)(i) of section 2929.19 of the Revised Code, and confinement in a
juvenile facility. The department of rehabilitation and correction also shall
reduce the stated prison term of a prisoner or, if the prisoner is serving a
term for which there is parole eligibility, the minimum and maximum term
or the parole eligibility date of the prisoner by the total number of days, if
any, that the prisoner previously served in the custody of the department
of rehabilitation and correction arising out of the offense for which the
prisoner was convicted and sentenced.
Perry County, Case No. 13-CA-00005 4
{¶9} Apparently appellant initially served ninety days in jail and then thirty-
seven days in jail. However, by termination judgment entry filed February 4, 2013, the
trial court credited appellant with only one day of jail time credit. In its brief at 1, the
state concedes "there is some inconsistency in the jail time credit that would warrant a
remand and a hearing." We concur with the state.
{¶10} The sole assignment of error is granted.
{¶11} The judgment of the Court of Common Pleas of Perry County, Ohio is
hereby reversed and the matter is remanded for hearing and consideration of the issue
of jail time credit.
By Farmer, P.J.
Delaney, J. and
Baldwin, J. concur.
_______________________________
Hon. Sheila G. Farmer
_______________________________
Hon. Patricia A. Delaney
_______________________________
Hon. Craig R. Baldwin
SGF/sg 1015
[Cite as State v. Pingle, 2013-Ohio-4876.]
IN THE COURT OF APPEALS FOR PERRY COUNTY, OHIO
FIFTH APPELLATE DISTRICT
STATE OF OHIO :
:
Plaintiff-Appellee :
:
-vs- : JUDGMENT ENTRY
:
BRANDON K. PINGLE :
:
Defendant-Appellant : CASE NO. 13-CA-00005
For the reasons stated in our accompanying Memorandum-Opinion, the
judgment of the Court of Common Pleas of Perry County, Ohio is reversed, and the
matter is remanded to said court for hearing and consideration of the issue of jail time
credit. Costs to appellee.
_______________________________
Hon. Sheila G. Farmer
_______________________________
Hon. Patricia A. Delaney
_______________________________
Hon. Craig R. Baldwin