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90 Ohio App. 3d 380

629 N.E.2d 488

State v. Tyler

Ohio Court of Appeals

Decided September 21, 1993

Ohio Court of Appeals · decided 1993-09-21

Key passage — most relied on by later courts

“If the person is sentenced to a jail for a felony or a misdemeanor, the jailer in charge of a jail shall reduce the sentence of a person delivered into the jailer's custody * * * by the total number of days the person was confined for any reason arising out of the offense for which the person was convicted and sentenced, including confinement in lieu of bail while awaiting trial, confinement for examination to determine the person's competence to stand trial or to determine sanity, and confinement while awaiting transportation to the place where the person is to serve the sentence.”

quoted by 1 later decision, including State v. Sutton, Unpublished Decision (5-7-2004)

Good law ✅— No negative treatment on recordhow we know

Decided 1993-09-21

How this case has been cited

Cited by 6 later decisions — most recently June 2017

6 state decisions

30199320002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Whiteside, Judge.

¶1 Defendant, Mamie R. Tyler, appeals from a judgment of the Franklin County Court of Common Pleas, and raises a single assignment of error as follows:

¶2 “The trial court erred in failing to credit appellant for the period of time she was confined on court-ordered house arrest.”

¶3*381 Defendant entered a guilty plea to the lesser-included offense of aggravated assault against a police officer, a felony of the third degree, in violation of R.C. 2903.12, after having been indicted upon a charge of felonious assault, an aggravated felony of the first degree in violation of R.C. 2903.11. The trial court sentenced defendant to a two-year determinate term of incarceration, and recognized a fourteen-day credit for jail incarceration, but refused to certify sixty days defendant spent on house arrest.

¶4 After accepting defendant’s guilty plea, the trial court indicated he desired a presentence investigation and continued the case for two months prior to sentencing. During that period of time, however, he ordered defendant confined on house arrest, stating, “I would also put you under house arrest while this presentence investigation is pending.”

¶5 Defendant contends that she should be given credit for this time pursuant to R.C. 2967.191, which provides:

¶6 “The adult parole authority shall reduce the definite sentence of a prisoner by the total number of days that the prisoner was confined for any reason arising out of the offense for. which he was convicted and sentenced, including confinement in lieu of bail while awaiting trial, and confinement while awaiting transportation to the place where he is to serve his sentence.”

¶7 Crim.R. 32.2(D) requires the trial court to forward to the penal institution in which a convicted felon shall be confined “a statement of the number of days confinement which the defendant is entitled by law to have credited to his sentence.”

¶8 Under the circumstances, we find no error or abuse of discretion on the part of the trial court. The house arrest was not confinement in lieu of bail but, rather, was a condition of release from confinement imposed pursuant to Crim.R. 46(C)(5), (E) and (F). The specific order of the trial court granted defendant “permission to participate in the Franklin County Home Incarceration Program.” Although the entry incorrectly referred to this as a “commitment,” it was not part of a sentence or order of the court but, instead, a condition of release on bail pending sentencing, as contemplated by Crim.R. 46(E)(1). Crim.R. 46(F) sets forth the considerations in determining conditions of release, and we find no abuse of discretion on the part of the trial court in making house arrests one of the conditions of release pending sentencing. Had defendant not been released on bail, subject to the condition of house arrest, she would have been confined in jail and would have been entitled to jail-time credit. However, we find no rationale or provision for granting credit towards a sentence of incarceration in a penal institution for time spent free on bail, although on house arrest, while awaiting sentence. Accordingly, the assignment of error is not well taken.

¶9*382 For the foregoing reasons, the assignment of error is overruled, and the judgment of the Franklin County Court of Common Pleas is affirmed.

¶10 Judgment affirmed.

Bowman and Close, JJ., concur.
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