Opinion
CASE NO. 2020-P-0002
03-29-2021
STATE OF OHIO, Plaintiff-Appellee, v. DANIEL D. LONG, Defendant-Appellant.
Victor V. Vigluicci, Portage County Prosecutor, and Theresa M. Scahill, Assistant Prosecutor, 241 South Chestnut Street, Ravenna, Ohio 44266 (For Plaintiff-Appellee). Leigh S. Prugh, Prugh Law, LLC, P.O. Box 450861, Westlake, Ohio 44145 (For Defendant-Appellant).
OPINION
Criminal Appeal from the Portage County Court of Common Pleas, Case No. 2017 CR 00126 C. Judgment: Appeal dismissed. Victor V. Vigluicci, Portage County Prosecutor, and Theresa M. Scahill, Assistant Prosecutor, 241 South Chestnut Street, Ravenna, Ohio 44266 (For Plaintiff-Appellee). Leigh S. Prugh, Prugh Law, LLC, P.O. Box 450861, Westlake, Ohio 44145 (For Defendant-Appellant). THOMAS R. WRIGHT, J.
{¶1} Appellant, Daniel D. Long, appeals the October 3, 2019 judgment of the Portage County Court of Common Pleas denying his motion for jail-time credit. We dismiss.
{¶2} Long pleaded guilty in July 2017 to one count of receiving stolen property, a fifth degree felony, in violation of R.C. 2913.51. At the time of his guilty plea and sentencing, Long was serving a sentence in Cuyahoga County that included six months in a community based correctional facility ("CBCF") in Cuyahoga County. Long was sentenced to a 12-month intensive supervision probation program and 36 additional months general probation in the instant case. The court transferred Long's probation program to Cuyahoga County so that he could serve both sentences at the same time.
{¶3} On June 4, 2019, the Portage County Adult Probation Department filed a motion to revoke and/or modify Long's probation due to a conviction in Lake County for aggravated trafficking in drugs and a failure to complete his probation in Cuyahoga County. On June 24, 2019, after holding a hearing, the trial court revoked his probation and imposed a 12-month prison term to run consecutive to the term he was serving in the Lake County case.
{¶4} Long did not directly appeal his convictions.
{¶5} Long filed a motion for jail-time credit on August 29, 2019, and a supplement to his motion on September 30, 2019, which the trial court overruled on October 3, 2019. The trial court noted that Long was given 47 days credit for time served in the sentencing judgment order. This time did not include any subsequent time awaiting conveyance to the reception facility. Further, Long did not receive credit for time served in Cuyahoga County Jail or CBCF as ordered through Cuyahoga County, as that was a separate conviction in a separate case.
{¶6} Long filed a motion for reconsideration for jail-time credit on October 29, 2019, which the trial court overruled the following day. In late November, Long filed a motion for findings of fact and conclusions of law as to the trial court's judgment overruling his motion for reconsideration. In early December, the trial court denied Long's motion without a hearing.
{¶7} Long then filed this appeal of the trial court's October 3, 2019 judgment denying his motion for jail-time credit. He raises one assignment of error:
{¶8} "The trial court erred in its failure to correctly calculate Daniel Long's jail time credit."
{¶9} Long contends the trial court did not include his time in Cuyahoga County CBCF in calculating his jail-time credit. Long acknowledges that he has been released from prison but nevertheless argues that nevertheless this court should hear the merits of this case.
{¶10} Once an offender completes his prison sentence, however, any alleged error regarding the calculation of jail-time credit becomes moot, because no controversy remains to be litigated and there is no available remedy to be granted. State ex rel. Gordon v. Murphy, 112 Ohio St.3d 329, 2006-Ohio-6572, 859 N.E.2d 928, ¶ 6; State ex rel. Compton v. Sutula, 132 Ohio St.3d 35, 2012-Ohio-1653, 968 N.E.2d 476, ¶ 5; State v. Rhymer, 12th Dist. Butler No. CA2018-01-014, 2018-Ohio-2669, ¶ 8; State v. Nixon, 11th Dist. Portage Nos. 2019-P-0037 & 2019-P-0039, 2019-Ohio-4322, ¶ 8.
{¶11} Because this appeal arises solely from the trial court's decision denying Long's motion for jail-time credit, his appeal is moot.
{¶12} Appeal dismissed. MARY JANE TRAPP, P.J., CYNTHIA WESTCOTT RICE, J., concur.