Last Friday (9/28/12) the Franklin County Court of Appeals refused to provide relief to Ruby Thomas. It seems Ruby was placed on 4 years community control after pleading guilty to F5 possession of cocaine. Within 7 months, she had violated the terms of community control. The judge gave her the promised 12 months incarceration. The issues on appeal concern the law of “jail time credit” which is found in R.C. 2967.191. Jail time credit must be awarded to a defendant, for any reason, if there is a connection between jail-time confinement and the offense for which the defendant was convicted. However, the trial court has to make the factual determination of jail time credit days. There is no jail time credit for incarceration involving a separate offense even if the days are served concurrently.
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There are few problems for Ms. Thomas. First, she wanted credit for days incarcerated in West Virginia on an unrelated matter. That’s a non-starter. Moreover, she presented insufficient proof at her revocation hearing to support her actual days incarcerated in West Virginia. She did, however, attach 3 exhibits to her Appellate Brief that were not part of the record in the lower court. The court of appeals had no problem dismissing those exhibits as improperly before them.
Ms. Thomas then asked for the matter to be remanded so she could make her exhibits part of the record. The court of appeals, of course, can only remand on a reversal of an issue of law. The court found no errors justifying reversal.
The amount of days in question? 35.
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