State v. Luster

Summary

The Ninth District Court of Appeals of Ohio affirmed the Summit County Court of Common Pleas judgment awarding Corey Lee Luster 191 days of jail-time credit. The court held that, because the sentencing-hearing transcript was not included in the appellate record, it had to presume the regularity of the trial court’s proceedings and could not review Luster’s claim concerning the terms of his negotiated plea and jail-time credit.

Holdings

1. When the transcript necessary to resolve an assigned error is omitted from the appellate record, the reviewing court must presume the validity and regularity of the lower court's proceedings and affirm.

Questions Presented

1. Whether the trial court erred by failing to award additional jail-time credit allegedly agreed upon by the parties during the negotiated plea and sentencing hearing when the sentencing transcript was not included in the appellate record.

Disposition

affirmed