State v. Favours

Citations

• 2024 Ohio 2819

Syllabus

The trial court did not err and did not run afoul of the holding in State v. Jones, 171 Ohio St.3d 496, 2022-Ohio-4485, by ordering defendant to serve the sentence in his 2019 case consecutively to his sentence in his 2018 case for violation of his community control. The trial court also did not err by imposing a three-year sentence on the firearm specification to which defendant pled guilty or by adding that sentence to both the minimum and maximum terms of his indefinite sentence for involuntary manslaughter when it stated his aggregate sentence. The trial court's imposition of an indefinite sentence for involuntary manslaughter did not violate defendant's constitutional rights. The trial court did, however, err in its calculation and application of jail-time credit to defendant's sentences in his 2018 and 2019 cases and by ordering the sentences in his 2018 and 2019 cases to run consecutively to his already terminated 2017 case. First, the court erroneously subtracted from defendant's days of jail-time credit 730 days, which the court claimed to have credited to defendant's 2017 case. But in the 2017 case, the trial court did not revoke defendant's community control and did not impose a reserved prison sentence before discharging defendant from community control, and neither the state nor the defendant appealed the termination of the 2017 case. Because the trial court never imposed a prison term in the 2017 case, there was no prison sentence to reduce with application of jail-time credit. The trial court committed a clerical error because its judgment entry set out a different sentence for the offense of involuntary manslaughter than it had announced during the sentencing hearing.