State v. Gumm

Summary

The Sixth District Court of Appeals affirmed the Erie County Court of Common Pleas judgment resentencing Leslie A. Gumm and awarding 648 days of jail-time credit. The court held that credit under R.C. 2967.191 applies only to confinement arising from the offenses in the case and does not include time served for unrelated offenses in Michigan, the Ohio Department of Rehabilitation and Correction, or Wood County. The court also held that the Erie County jail-time-credit calculation was supported by the record and that no additional hearing was required.

Holdings

1. Jail-time credit under R.C. 2967.191 is limited to days the defendant was confined for any reason arising out of the offense for which he was convicted and sentenced; confinement attributable to unrelated offenses does not qualify.
2. The trial court correctly determined that Gumm was entitled to 648 days of jail-time credit as of his August 7, 2024 resentencing.
3. ODRC must apply the trial court's factual determination of 648 days of jail-time credit and may not substitute its own determination for the court's calculation.

Questions Presented

1. Whether the trial court correctly calculated Gumm's jail-time credit under R.C. 2967.191 and R.C. 2929.19(B)(2)(g)(i).
2. Whether the trial court was required to conduct a separate hearing or additional factfinding on the jail-time-credit calculation.
3. Whether confinement arising from unrelated offenses, including confinement in Michigan, ODRC custody, and Wood County, qualified for credit against Gumm's Erie County sentence.

Disposition

affirmed