[Cite as State v. Allen, 2012-Ohio-1599.]
COURT OF APPEALS
ASHLAND COUNTY, OHIO
FIFTH APPELLATE DISTRICT
STATE OF OHIO : JUDGES:
: Hon. Patricia A. Delaney, P.J.
Plaintiff-Appellee : Hon. W. Scott Gwin, J.
: Hon. Sheila G. Farmer, J.
-vs- :
:
RONNELL ALLEN : Case No. 12-COA-003
:
Defendant-Appellant : OPINION
CHARACTER OF PROCEEDING: Appeal from the Court of Common
Pleas, Case No. 10CRI109
JUDGMENT: Affirmed
DATE OF JUDGMENT: April 6, 2012
APPEARANCES:
For Plaintiff-Appellee For Defendant-Appellant
EMILY M. BATES RONNELL A. ALLEN, PRO SE
110 Cottage Street North Central Correctional Institution
Third Floor Inmate No. A593856
Ashland, OH 44805 670 Marion/Williamsport Road, East
P.O. Box 1812
Marion, OH 43301-1812
Ashland County, Case No. 12-COA-003 2
Farmer, J.
{¶1} On March 7, 2011, appellant, Ronnell Allen, pled guilty to two counts of
forgery in violation of R.C. 2913.31 and one count of grand theft in violation of R.C.
2913.02. By judgment entry filed April 22, 2011, the trial court sentenced appellant to
an aggregate term of ten months in prison, and granted him one hundred and twenty-six
days of jail time credit plus one day credit for each day served subsequent to the date of
sentencing while awaiting transfer to the receiving institution.
{¶2} Due to a request from the Ohio Department of Rehabilitation and
Correction for clarification on appellant's jail time credit, the trial court issued a judgment
entry on June 15, 2011 clarifying the jail time credit. The trial court limited appellant's
jail time credit to one hundred and twenty-six days and no more, as no further jail time
credit accrued following the date of sentencing due to appellant's existing incarceration
on other charges.
{¶3} Appellant did not file a direct appeal on his sentence and accompanying
jail time credit.
{¶4} On December 13, 2011, appellant filed a motion for jail time credit. By
judgment entry filed January 5, 2012, 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 COMMITTED PLAIN ERROR VIOLATING DUE
PROCESS AND EQUAL PROTECTION OF THE LAWS WHEN IT FAILED TO
Ashland County, Case No. 12-COA-003 3
ACKNOWLEDGE JAIL TIME APPELLANT SERVED, AND CREDIT IT TO
APPELLANT'S SENTENCE."
I
{¶7} Appellant claims the trial court erred in failing to award him the correct
amount of jail time credit. We disagree.
{¶8} The trial court sentenced appellant to an aggregate term of ten months in
prison, and granted him one hundred and twenty-six days of jail time credit plus one day
credit for each day served subsequent to the date of sentencing while awaiting transfer
to the receiving institution. See, Judgment Entry filed April 22, 2011.
{¶9} Due to a request from the Ohio Department of Rehabilitation and
Correction for clarification on appellant's jail time credit, the trial court issued a judgment
entry on June 15, 2011 clarifying the jail time credit. The trial court limited appellant's
jail time credit to one hundred and twenty-six days and no more, as no further jail time
credit accrued following the date of sentencing due to appellant's existing incarceration
on other charges.
{¶10} Appellant did not file an appeal on either judgment entry. In State v.
Guilford, Stark App. No. 2009CA00107, 2010-Ohio-647, this court, in reviewing a similar
case wherein a defendant did not file a direct appeal of the jail time credit order, held
the following at ¶23-25:
{¶11} "Under the doctrine of res judicata, a final judgment and 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 trial, which
Ashland County, Case No. 12-COA-003 4
resulted in that judgment of conviction, or on appeal from that judgment. State v.
Szefck, 77 Ohio St.3d 93, 95, 1996-Ohio-337, 671 N.E.2d 233; State v. Perry (1967), 10
Ohio St.2d 175, 180, 226 N.E.2d 104. The doctrine of res judicata has also been held
to apply to a jail-time credit motion that alleged an erroneous legal determination on jail
time credit. See, State v. Chafin, Franklin App. No. 06AP-1108, 2007-Ohio-1840; State
v. Lomack, Frank App. No. 04AP-648, 2005-Ohio-2716, at paragraph 12. Issues
regarding jail-time credit are properly addressed on direct appeal. State ex rel. Rankin
v. Ohio Adult Parole Authority, 98 Ohio St.3d 476, 479, 2003-Ohio-2061, 786 N.E.2d
1286, State ex rel. Jones v. O'Connor, 84 Ohio St.3d 426, 1999-Ohio-470, 704 N.E.2d
1223; State v. Parsons, Franklin App. No. 03AP-1176, 2005-Ohio-457, at paragraph
8; State v. Robinson (Oct. 23, 2000), Scioto App. No. 00CA2698, 2000 WL
1617952, unreported; State v. Flynn (Nov. 7, 1997), Ashtabula App. No. 96-A-
0079; State v. Walker, Muskingum App. No. CT2007-0062, 2007-Ohio-6624.
{¶12} "***
{¶13} "We find that Appellant is barred by the doctrine of res judicata from
pursuing his Motion for Jail Time Credit. Appellant had an opportunity to appeal the trial
court's February 28, 2008 determination of jail time credit by means of a timely direct
appeal but failed to do so."
{¶14} Because appellant failed to file a direct appeal from the April 22 and June
15, 2011 determinations on jail time credit, we find appellant's arguments herein to be
barred by the doctrine of res judicata. See also, State v. Bradley, Stark App. No.
2010CA00197, 2011-Ohio-1228.
Ashland County, Case No. 12-COA-003 5
{¶15} While it is true that a defendant may appeal a trial court's denial of a
motion to correct jail time credit, an appeal is available only if the trial court refused to
correct a clerical mistake or a mathematical error in calculating time. State v. McClain,
Lucas App. No. L-07-1164, 2008-Ohio-481. In contrast, a claim that jail time credit was
denied because days were not properly classified as arising under the instant offense is
a "substantive" claim "which must be brought to the trial court's attention before
sentencing or raised on direct appeal." Id. at ¶12. Substantive claims are barred
by res judicata. Id.; State v. Chafin, Franklin App. No. 06AP-1108.
{¶16} Appellant is challenging the trial court's determination that appellant was
not entitled to any more than one hundred and twenty-six days of jail time credit
because "[n]o further jail-time credit accrued following the date of sentencing due to
Defendant's existing incarceration on other charges." This is a substantive challenge
which is barred by res judicata.
{¶17} The sole assignment of error is denied.
Ashland County, Case No. 12-COA-003 6
{¶18} The judgment of the Court of Common Pleas of Ashland County, Ohio is
hereby affirmed.
By Farmer, J.
Delaney, P.J. and
Gwin, J. concur.
_s/ Sheila G. Farmer______________
_s/ Patricia A. Delaney ____________
_s/ W. Scott Gwin________________
JUDGES
SGF/sg 323
IN THE COURT OF APPEALS FOR ASHLAND COUNTY, OHIO
FIFTH APPELLATE DISTRICT
STATE OF OHIO :
:
Plaintiff-Appellee :
:
-vs- : JUDGMENT ENTRY
:
RONNELL ALLEN :
:
Defendant-Appellant : CASE NO. 12-COA-003
For the reasons stated in our accompanying Memorandum-Opinion, the
judgment of the Court of Common Pleas of Ashland County, Ohio is affirmed. Costs to
appellant.
_s/ Sheila G. Farmer______________
_s/ Patricia A. Delaney ____________
_s/ W. Scott Gwin________________
JUDGES