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Notary PublicState of Ohio

My Commission Expires

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I

IN THE COURT OF COMMON PI:EAS Ok' FRANKLIN COUNTY, Of1IO

C£;IMTNAI, DIVISION

State of Ohio,

Plaintiff,

Vs' Case Numbers 07CR-2358

Michael W. Slager,and 07CR-2407

Defendant.

TRANSCRTPT OF PLEA AND SENTENCING PROCEEDING,S

Befox-e the Honorable sJuli^ M. I,ynct3, . Judqe^, on

Tuesday, April 22 and June 10, 2008.

APPEARANCES:

Mr,: ; Brian E. Simms;Assistant Prosecuting Attorney,

On behalf of the Plaintiff, State of Ohio.

t1r. Mark` r. Gvi`i i 1:erPAt tor ney at LaW'>

On behalf of the Defendant, Nlichael W,S.iager.

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MR. SIMMS: -- anything like that.

THE COURT: Yeah.

MR. SIMMS: In addition, I just want to

remind the Court how horrific this failure--to-control

situati-on was, where Mr. Slager at a high rate of

speed slammed into a South-Western City school bus and

caused considerable damage to that school bus. In

addition, Your Honor, that bus was fully loaded with

kids that were trying to go to school as this

Defendant ran from the police that day.

Given that, we'd hope the Court would

sentence accordingly, Your Honor.

THE COURT: Mr. Slager, do you have anything.

t.o say?

THE DEFENDANT: Yes, Your Honor. I want to

apologize to the Court and everybody else for my

actions on that day, I do take full responsibility,

and hope that the Court considers running my case

concurrent.

THE CatJRT: On the 07C.R-2358 case, w.hich.i.s

the failure-to-comply case, I arn sentencing you to

five years and Iam sentencing that concurrenttothe

07CR-539 case, which is the Delaware Ccounty case.

On the 07CR-2407 case, I'm what is the

jail credit -- excuse me, what' s the jail credit on

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the 2358 case?

PROBATION OFFICER BRANDI DORCY: 273 days.

THE COURT: And what is --- is that the same

jail credit on the 07CR-2407- case?

PRQBATSON OFFICER;BRANDI DORCY: Itis.

THE COURT. Al 1 right : And I am gozng to

give yoi-t 273 days j ai 1 credit. I am going to waive

fines,; and cos ts are to be determined on t-he 07CR-2358

case. On the 07CR-2407 case, I'm sentencing you two

vears consecutive to 07CR--2358, I 'm giving you 27,^

days jail credit. That'.s also concurrent f-c• the

Delaware County case, 07CR.-539 casP. I'm wa.ivin,g

^iz^es anc^ costs. And that wi1.l be a11;..

Mk. SIMMS: Thank.you, Your Honor.

I^LEF?: Judgelol^ ci,ariLf- ?_caticri, rlid

o s.cay t;wG yyu'ar,?3 COTI.sc?Cut 1 V.e kJth the ]^1i "t1IC1e

i e.''a7 it?

THE COURT: Correct::.

§4R> .M?LLFR:' . Q.kay

THE COURT: Di-ci you notify your client of

peist-relea.se control in writing; Mr. Miller?

^•R>: MIL{•ER. No, J;uc^ge, bu.t I uri1l,..

T:HE CCURT.; Yes, please.

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1 Thereupon, at 11:35 a.m. the rrtatter was

2 concluded.

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E-MRA Doc #: 14-2 Filed: 12106/21 Page: 57.Qf 5-7 -PAGEtD #: S98

57

^ Thereupon, at 21;35 a.m. the matter Was

2 conclucied.

3

4 CERT I FICATE

5 T do hereby certify that the foregoing is a

6 true, correct, and partial transcript (exc2uding voir

7 direonZy) of the Proceedings in this matter on

8 Wednesday, April. 16, 2009; Mpncfay.April 21, 2008;

9 Tuesday, ApriJ. 22, 2006: and Tuesdayr June 10, 2008,

10 taken by me and transcribed from my original

11 stenographic notes,

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OA011^

NE7U0E

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.ffLEAS OF FRANKLIN COUNTY, OHIOm53N THE COURT OF cpM^Mp

_,, s•,,CRId^(if^A^L,^fVtSiCJN,. .

STATE OF OHIO, TERMINATED: NO. 12 BY WG

Ptaintit€,ZOfl$ .!tlN 1 I AF# 9- 36

-v-

MtCHAEL W. SLAGER,

s,Lk.,l.Rh ^3o vUtJii t ^+ Case No. 07CR-03-2358

Defendant.

Jt1DGE LYNCH

Jt1DGMBN'F ENTRY(Prison 4mposed)

On Apri6 22, 2008, the State of Ohio weas .. represented by Assistant

Prosecuting Attorney Brian Simms and the Defendant was represented by Attorney Mark

Miller. The Defendant, after being advised of his rights pursuant to Crim. R. 11, entered a

plea of guiity to Count One of the lndictrnent, to wit: Failure to Comply With an Order or

S[grsa4 of a Police Officer, in violation of Sectiors 2921.331 of the Ohio Revised Code, a

felony of the third degree.

The Court found the Defendant guilty of the charges to which the plea was

entered.

The Court ordered and received a pre-sentence investigation.

On June 10, 200$, a sentencing hearing was held pursuant to R.C. 2929.19.

The State of Ohio was representecl by Assistant Prosecuting Attorney Brian aimms and

the Defendant was represented by Attorney Mark Miller. The prosecuting attomey and the

Deferzoant's attorr3ey dFa recommend aPSt.

The Court afforded counsel an opportunity to speak on behalf of the

Defendant and addressed the Defendant personally affording him an opportunity to make

a statement on his own behalf in the form of mitigation and to present ►nformation

regarding the existence or non-existence of the factors the Court has considered and

weighed.

The Court has considered the purposes and principies of sentencing set

forth in R.C. 2929.11 and the facts set forth in R.C. 2929.12. In addition, the Court has

weighed the factors as set forth in the applicable provisions of R.C. 2929.13 and

R.C. 2929.14. The Court further finds that a prison term is not mandatcsry pursuant to

R.C. 2929.13(F).

The Court hereby imposes the following sentence: Five (5) years at the

Ohio Department of Rehabilitation and Correction. Sentence to run concurrently

OA011 - G19

NW- 1

57005^notth^^^ No. 07CR-539 (Delaware County oase) but coraseoutive to Case No. 07CR-

2407,

After imposing sentertce, the Court stated its reasons as required by R.C.

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2929.19 and consistent with State v. Foster, 2006-Ohio-856. The Court finds that

prison is consistent with the purposes and principles of sentencing, and that the

Defendant is not amenabfo to community cantrol. The Court also notified the defendant

of the applicable period of post-release control pursuant to R.C. 2529.19(R)(3)(c), (d)

and (e).

The Court, having considered the Deferidant`s present and future abifity to

pay a, fine and financial sanctions, and, pursuant to R.C. 2929.18, hereby renders

judgment for the following fine andlor financial sanctions: The defendant shall pay

court costs fn an amount to be determined.

After the imposition of sentence, the Court notified the Defendant, orally and

iri wriung, pursuant to R.C. 2929(B)(3) tfw applicable period of fwst-rele,ase control is up to

three (3) years optional.

The Court finds that the Defendant has 273 days of jail credit and hereby

certifies the time to the Ohio Department of Correctiorts. The Defendant is to receive jail

time credit for all additional jail time served while awaiting transportation to the institution

from the date of the imposition of this sentence.

Costs: $

Case No. 07CR-G3-2358

JUi,I t^t. I.YNCH JU

! P^JÊt!^l0a^ J ETH E nATE fti^^ £}hfiCl OF THE COURT Qr u();ur^?0!dFt^s ^tl^ f ^z^1(î^, ^ FCt_k5 4;iiH;,d t,NJ FDi3

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acAdftonsi imrti;swtrve years of aciuai sncarrsacafras bt the

flresnm yms (1, 3.5.6) Cm.att(s)

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Qaf®ntfant dedarod gdgefit; (YES/lVt7)

Fine A1ttrldatory (YESI1V0) .gi ^. 3uperrrism COM u»psadC.ns2s 3^ TAD-, AaadentW S-. _ . .._ ,_ _____Resktcs0on. s To 1+VhomL E,*an

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20896 - V66

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IN THE COUAT OF CpMMl7 .^ OC

F FRANICI.iN COUNTY, ON)Q^CÎ^MI^NiqL^îiA ^ .

STATE OFOHIO, ZWJUNr i llli ^s 36 MMiNATEO: NCa. _V_BY 1NQ

Plaintiff,

_V. CLERi4 ur'. VuliK rs ^ M. 07CR-04-2407MiCHAEL W. SLAGER,

JUDGE LYNCHDebrKlant.

JUt^MWEt^y(Pdicn

Stdo

!

On Apoil 22, 2008, the of Ohio was mpmenW by AssktW

Prosecuting A Brta+i Simm and tp DewxknMilisr. Thh was Wwo ^ by Mark

aft bft. "d his "pursuarft 10 Cdm. R.11, enlered aIRtea ofi gultY ta Count Qns of the tntlicftmrit, fo wit FMure to Pro%Ade Notim atChange of Adtress, In vMa"m Of 295p.05'of the OW P-viedthe thtnd degree. ^, a t^Y ot

The Court found the Ueffemiant gulty d the dwgos to which theerEtered. , plea was

The Court ordered and +°emW a me-wnwnce oaft.

On June 10, 2M: a was hefd petmuan! to R:C. 2 .1-9.^The ^tate.-ot Ohio was repr+esanteCi by-Assistw .. ft: Attomay. Bftn S^- ancl

the DeferedaM was mpmerited bY . kft Miller. The p and theDefendartt's allDmay did .recommaw-&PSL

The iDou+t mUded t an 'qPpwurgty to . on behalf +of theDefendant and Wdmseed the DOendant WWWIIr ft him -an oppottur*y to,make,.aSa. . iort his own behalf In ft torm of mfflgafim and to

regwlng the odeWm or non of the iacwns the Court has co . andweighed.

The Coutt has i the pu s and prf of

forth in R.C. '2929.11 and the ft(ft get forth In R.C. 2M.12. En addttlart, the Court has

weighed the facters as aat tarth in the ap!powNe pnav,lstoro of R.C. 2M.13 andR.C. 2929.14. The Cour# -turftr finds" that a pt'Isort term is not raandatiary purscaant toRC..2M.13(F).^

The Court hareby. knpbws ihe fallqwvirV:senta0ce; Two -(2) years at tÔhto DOPrtment of Rehabilitatidn and Cwmcft. Senftrxe to run

20896 - V67

'MI►1t1; Ca$@ HCI. 07CR-Mg {[elawm COllldy . ) bd ' IAve tO ' m No. arm.2M.

After impoaing sentence, the C.ourt stood ie reasons as *ulred by'A.C.2929. and consislent with Stette v. Fost®r, 20 h . The Crwr# f{nds that

priaorr is c erri with the purposes and principles of senWtdng, and thm the

Detendant Is rwt emnabte to cammuntty controi. Ttiie t:ourt also noWW the detiendant

af the appiimble period of post retease oormol pursuana to R.C. 2928.19(B)(3)(G), (d)artd (e), °

The COurt, tsaft CwWdered tite De4ett nt arO futuro abiiity topay a fine and fmarcW sanelions, arfd, pursuWt to R.C. 2M01 Bp hereby rendem1judWmt far the fidowing fim andlor WtarXAW saswWns: No tknea or coert toft

After the lffPxftiOn of seri ; ttie-Court rodged the Deftftint, c'Wfy. andin writing, pursuant to R.C. (B)(9) thg appk" petiad of Iost-m1 controt'18 up tbthree (3) years optional.

ThO Court finds that the Dekmdmt has 278 days of ieti deM,and hereby °0008s the ttrna to ft Ohio Depmrtmw of Cmwftm The DftWwd is to recaiwe Im,Ime credFt fcar all addWWW jail time -ser`vd whNe awWft r3atian to to ihstltrtionfrom lihe date of the tmposidon of this serftnog.

JULiE A. LYNCH, .lUDG

Case No. O7CR-042Aw

P:- •

S

2

^^.

I

OA067 - M69

5- M5 4 F^,N COUNTY COMMON PLEAS COURTo+ otô oammmm s^tlê

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-MURDER i5 - 1de 7erm

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Ckj RVO Adchl&nai 1, 2, 3, 4, 5, B, 7, B, $, 10 yeaFs Obbdn OEA

cocqecuWe to Cours(g) LL ---- O&W swtbm

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in u*np auid arsih/ fie COW (VP'Ovm, rrsedcas np mmrelenclQhan) ot theAppoWable SerdsnDe tt so. mawm OXed on the tacwd °ft`der's Oawyw* in a (Oxck u=mwabon proprsm ar an vxemve(MS/M?) psarQn proQtam}

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20896 - V21

C: Mohr. FairtxMr

December 5,2011

J'udge :Tulie M. Lyncb345 S. Hi$h StWColumbus, ptl 43215

wwt+t.circ.a4aEP oh.ua

Re: Inmate: S'*Pr, -AficLxe1. A 579 334Crtse No. 07C1i032358 nd 07CR042407

77783 State Route 762°P.f7. t3ox 950

Orientt, OH 93I45-og50

lnmarc S"ger was seiitenced by yotu cxyurt 0.cases weiê orctered to be ^'^ the above listcd cases am June 10, 2009. Th,^

^tive,ly to ane anoth+er.Acsord2n0iy a%-. jail credit Was

stated as 273once siuce the tim days on both of the c;asess aM Ws was onle was assîrued cluplic$te and the ° y Smted

time the irttnstc is serving iKI ^ ^s^s were oaÎered c;onsect.itYvety. At thistotal of 278 days jt^.il rîit, y ^^ r^th 273 days jail credit plus gdays convey for a

7'he Ohio PubIic Defonder ]a PDinted aut that the,10P District Court of Appealsreceiv^ - =^ce of 7 FP^s sfatcd:years of incarc

days ofja5l dme cTtdit or a total a #on on the Fîn Gounty cases witt^4.25 yoars.o^ in s^ce of 5 dz years af custody to ttut c^rncurrently with t)he546cametafiOn ÎVe^! JII Delaware Coililt

Can you p1^^-advise if you w;sh fhe •days (one day wvuld be su ^^^ have 273 days on both cases for a totat of 5457 years a^^•of the sentenc` °thc sen ' dates are duplicatêd) on, your sentence ofu^8 date of.June 10, 2008.

Thanking you in aslv M e f®r ur. tsme3'^ ly mVonse in this matter.

. . ^^

V'alerie FarkinsSC Seepen,isorBureau of Scntancc ComputWon

oc: File

^,^r ►^.C^t^ ►.

Departnrl#nt Of.R.l'hdbil-itatiOn alftd CorreCtion

i %'^^

S'

.. . ^ .^ ^^

IN THE COURT OF APPEALS OF OHIO SEP '9 P#, 1: ^ f

TENTH APPELLATE DISTRICT^LL'jqi 0'

State of Ohio,

Plaintiff-Appellee,

V.

Michael W. Slager,

Defendant-Appellant.

^ f^ ^^r ^^^^%^

D E C I S 1® N

g Nos. 08AP-581(C.P.C. No. 07CR-2407)

08AP-582(C.P.C. No. 07CR-2358)

08AP-709(C.P.C. No. 07CR-2358)

08AP-710((-'.P,C. Nio, 07r'R_2407)

(REGULAR CALENDAR)

Rendered on September 9, 2010

Ron O'Brien, Prosecuting Attorney, and Kimberly M. Bond,for appellee.

Scott & Nemann Co., L.P.A., and Adam Lee Nemann, forappellant.

APPEALS from the Franklin County Court of Common Pleas

TYACK, P.J.

{fl} Michael W. Slager ("appellant"), is pursing his reopened appeal of the

sentence of incarceration he received in 2008. He assigns two errors for our

consideration:

^_

Nos. 08AP-581, 08AP-582, 08AP-709 & 08AP-710

[I] Appellate counsel was ineffective on the initial appeal forfailing to raise an issue that had a reasonable probability ofsuccess.

[11.1 The trial court erred by imposing a sentence thatcontravened the sentence previously agreed upon by thecourt and the parties.

2

{12} A panel of this court has already addressed the first assignment of error and

allowed the appeal to be reopened. No further relief is appropriate. The first assignment

of error is theretore moot and hence overruled.

{^3} The second assignment of error calls upon us to interpret a set of verbal

interchanges which occurred in open court in Franklin County before appellant entered a

guilty plea and during the plea proceedings during which he pled guilty to a charge of

failure to comply with a police officer's order and to a charge of failing to provide notice of

a change of address. At the same time, he had separate felony cases pending in the

Delaware County Court of Common Pleas.

1^4} Before he entered his guilty pleas, appellant wanted to be released from

custody, supposedly to get his personal affairs in order. The judge assigned to

appellant's cases in Franklin County refused to seriously consider a release from custody.

{¶5} Appellant also wanted the term of imprisonment he would serve in Franklin

County to run concurrently with the term of imprisonment he was to receive in Delaware

County. The Franklin County judge who accepted appellant's guilty pleas agreed to do so

and ultimately did do so.

{^61 The issue on this re-opened appeal is whether the Franklin County judge

also promised to limit the length of the term of incarceration appellant was to receive in

^ ^4f

+S

i I

N0s: 08AP-581, 08AP-582, 08AP-709 & 08AP-710 3

Franklin County to no more than the length of the term of incarceration appellant received

in Delaware County.

M7} Appellant's understanding of the situation can be gleaned from a number of

places in the transcript of proceedings. In the context of his request of a release from

custody, he stated:

I would like to bring -- I understand that if I take the pleabargair., I'm subject up to, I think a maximum of ten years if Idon't show up back to court. * * *

(Tr. 39.)

{18} The judge later stated:

* * * But that's where the Court is with being -- deferring yoursentence, waiting to see what happens up in Delaware,running everything concurrent, I'm done. Okay?

(Tr. 42)

{¶9} Additional interchange then occurred between Brian Simms, the assistant

prosecuting attorney assigned to the case, and Mark J. Miller, appellant's defense

attorney:

MR. MILLER:additional time.

**^

Judge, just to mention, that's no more

MR. MILLER: -- concurrent with no additional time,

(Tr. 42, 43.)

{$10} The trial court judge's attention seemed to have been more focused on the

sentence in the two counties being run concurrently than on the length of the Franklin

County sentences. Thus, the following was stated in open court:

^^

Nos. 08AP-581, 08AP-582, 08AP-709 & 08AP-710

THE COURT: But with that, you know -- and as yourattorney has told you, Mr. Slager, if you care to proceed withyour trial and your trial comes back with a guilty verdict, I willstill put off your sentencing until Delaware County does itand then it won't be concurrent, just so you know that, it willbe consecutive.

So, I suggest you go back, talk with your attorney andunderstand where the Court is right now and letting you getall your messes cleared up for the same amount of time.

(Tr. 43.)

4

{I11} After appellant consulted with his counsel, he then entered the guilty pleas.

During actual plea proceedings, the following dialogue occurred:

THE COURT: Do you understand there are two types ofsentences you can get here and the Court is going to order apresentence investigation before imposing a sentence butthat this Court has made no promises as to what yoursentence will be; do you understand that?

THE DEFENDANT: Yes, Your Honor.

(Tr. 45-46. )

{112} After the guilty pleas were accepted, the case was held over for sentencing

at a later date, At the iater sentencing hearing, counsel for appellant stated:

MR. MILLER: Just briefly. As the Court recalls, I think, wewere here a couple months ago, had a jury come in,impaneled the jury, and we were able to work the case out.The Court indicated at that time, I believe on the record, thatif Mr. Slager pled guilty to the two F-3's and if he receivedfour or five years up in Delaware County, that this Courtwould run his time concurrentfy.

* * * Your Honor, we're asking this Court to considersentencing him to concurrent time to his Delaware Countycase.

^ t^^

r, ,.

I

Nos:'O8AP-581, 08AP-582, 08AP-709 & 08AP-710

(Tr. 53, 54)

5

{¶13} Defense counsel did not make any mention of an understanding that

appellant's sentence was capped by the length of the Delaware County sentence of

incarceration.

{T,14} Appellant, himself, addressed the court and asked for nothing but

concurrent sentences. To quote his words:

THE DEFENDANT: Yes, Your Honor. I want to apologize tothe Court and everybody else for my actions on that day, Ido take full responsibility, and hope that the Court considersrunning my case concurrent.

(Tr. 55)

{¶15} The judge then gave appellant a 5 year sentence of incarceration on the

failure to comply with the order of a police officer case, with 273 days of jail-time credit to

run concurrently with his sentence of incarceration in Delaware County. The judge then

gave appellant a sentence of 2 years on the failure to provide notice case, and also gave

273 days of jail-time credit on that case. The second case was also to run concurrent

with the Delaware County case, but consecutively to the sentence on the other Franklin

Gount-y dEiarge. Stated more concisely, appellant received a sentence of 7 years of

incarceration on the Franklin County cases with 546 days of jail-time credit, or a total

sentence of 5 1/2 years of custody to run concurrently with the 4.25 years of incarceration

given in Delaware County.

{¶16} We do not find that the Franklin County trial court judge made a statement

which irrevocably capped appellant's time of incarceration

^^-I

Appellant indicated that he

E,^'^,

Nos. 08AP-581, 08AP-582, 08AP-709 & 08AP-7106 ^ R

6

knew he could receive a sentence of as much as 10 years of incarceration. When the

plea was actually entered, no mention was made of a cap and the judge stated that she

had "made no promises as to what your sentence will be[.]" (Tr. 45.)

{¶17{ When the sentencing actually occurred, no mention was made by either

defense counsel or appellant himself that his sentence was to be capped.

{^l8} Under the circumstance, we cannot find that the sentences given were in

contravention of an agreement of the court and the parties. To the extent there was an

enforceable agreement, the agreement was for the Franklin County sentences to run

concurrently with the Delaware County sentences.

agreement.

The trial court honored that

{119} The second assignment of error is overruled

{120} Both assignments of error having been overruled, the judgment of the

Franklin County Court of Common Pleas is affirmed.

Judgment afrirmed:

BRYANT and BROWN, JJ., concur.

go kv"

tt)N A.:Yh

Ohio Department of Rehabilitation and Correction

Bureau of Sentence ComputationP.O. Box 450

Orient, OH 43146

John R. Kasich, Governor www.dre.ohio.gov Gary G. Mohr, Director

Inmate Slager, Michael, #A►579334^1^,1a^stltutior^. RCI Di'^

Date: 7/27/2011_ , ^

Inmate S6ager:

I am in receipt of your correspondence regarding your sentence computation.

You have a total of 278 days jail time credit for Case #07CR042407 and zero days for Case#07CR032358. Your release date on the Delaware County Case #07CR1Q9539 would be 12-27-2011if it were your only case. You have a total of 51 months with 997 days jail time credit and youradmission date was 6-22-2010.

1 hope this answers all of your questions. Your current release date is 9-9-2014.

Sincerely,

N. -RLa ^,^Ze V^,s h LpN. BlankenshioBureau of Sentence Computation

'14

58462 - V95

State of Ohio,

IN THE COURT OF APPEALS OF OHIO

TENTH APPELIA°I'E T?ISnICT

Plaintiff-Appellee,

V.

Michael Slager,

Defendant-Appellant.

.• .. • s • • ^8-' t .. ^ e

Y4a UIV 9 PME?= 4g

CL^RK Gr- COURTS

No. .ttAI'-794(C.t'.C. No. 07CR-235€3)

(REGU"IAtt CALENDAR)

D PCiS I0IV

Rendered on August 9, 2012-

Rvn O'Braen, Prosecuting Attorney, and Kanaberly lvi.Bond, for appellee.

Michael Slager, pro se.

APPFAY., ft-orra the Franklin County Court ofCorrtimon Pleas.

^

C^

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^a--:

. ;, ._

v^r

0^RRLAN, J.

H} Defendant-appeflant, Michael Slager (',appellant°'), appeals pro se

from aSepternber 8; 2+nxx judgment of the Franklin County Court of Common

Pleas denying his post-conviction motinn for jail-time credit. We find that

appellant's claims are in the nature of a challenge to Ohio prison officials'

interpretation of the trial eau:rt's original sentencing entry, which included an

award of jail-time credit earned prior to the time of sentencing. Appellant did not,

however, assert his claims h' an original action naming as respondent the Ohio

Department of Rehabilitation and Correction ("ODRC"), the Ohio Adult Parole

Authority ("OAYA."), or any other Ohio prison officials. Nor did appellant establish

the neeessarycriteraa for the award of an extraordinary writ. instead, appellant

improperly souglit relief by filing a post-conviction motion in the underlying

_...- V^ ,t...

w

5 80 6 2 _Na^RAP-794 2 N.

ca°iiiiinal actioiY asking the court to order ODRC to correct its records regaxdiragjail-

time credit. As such, the trial court did ncat err in refusing to issue that order.

ll 2} On April 22, 2oUS, appeliaxit entezed guilty pleas in case Nos. o7CR-

2358 and 07CR-,2407, for fatilure to cvniply with an order or signal of a police

officcr. in violation of R.C. 29.21.331. and failtire to provide 1iotice of change of

address, in violation of R-C. 2950.05, See State v. S'Iager, ioth Dist. No. o8AY-58i,

. no9-f3hica-i8a4, 12, 4 (°`S1ager I"). Approxiniately one nio'ltla later in a pending

Delaware County case, appellaiit entered a no-contest plea to one count of theft,

and aguiltv plea to three counts of receiving stolen property and one ctautyt of theft,

for which the Delaware Votanty court senteizccd him to 51 months' ►niprisnnnaent.

id. at 15.

€9 3) On June zca, 2008, the Frankliii Counhr Court of Commnii Pleas

senfieniLvd appellant to five years' 6nipriscannzent in case No. 07C1Z-2358 and two

years' imprisonment in case No. ca7CR-2407, to he semed consecutively, for a tat€li

ol'seven ycars. td. at 16. Further, in its setifiencirag entry, the trial court aawarded

gtppellant 27,j days af,jail-tinie credit in eacli case. On July 9, 2008. appellant filed

a pro se appeal fronx the trial court's sentencing entries. On July io, -,)oo8,

appellant filed in the trial crsErrt pro se ninticans to correct his ,jail-tiisie credit,

alleging he was entitled tO 3228 days of jatil-tin.'e credit. Id. at 17. On Jtalv 21, 2008,

the trial r.nurt- denied appellant's motions for jail-tinic credit. ld. Then, oga

August 18, noo8x appellant filed a second notice of appeal from the dlulv 21, 2008

entrv denying appe8lant`s post-judgment i»otiUn f'or,^28 days of jail-tirne credit. Id.

Subseqase'itly, we granted appellant's reqtaes$ to consolidate the appeals. I(t.

4} In S8ager 1, appellant raised two assigrtinemts of error: (i) the trial

court erred ky imposing a sentence that contravened the seiitence previously

eegreed upon by the court and the parties, more specifically that the trial court's

imposition of consecutive sentences breached its agreezYYent to itsYpuse concurrent

sentetYCes, id. atI g, and (2) the trial court erred in its calculation of jail-titne credit

because it did not credit him .far davs he spent in a liaspital recovering frcrnl

iiljuries he sustained while attempting to fIee from police and for ciays he ws$s

credited on twr, municipal court cases. Id. at 119, 24. We affirmed the trial court's

^^^..

,68062 `NnY •Z94 3

judgment because appellant failed to demonstrate that the trial court agreed to

impose concurrent sentences, instead of consecutive sentences, or that the trial

court miscalculated appellant's,jail-time credit. Id. at 113, 26.

{95) On July 17, 2oog, pursuant to App.R. 26(B), appellant filed an

application to re-open Slcager I on the basis of ineffective assistance of appellate

counsel, along with a motion for appointrnent of new counsel. On November 24,

.-009, we rendered a decision granting appellant's application and rnotiosa.

19 61 In the re-opened appeal, State u. SCager, ioth Dist. No. o8AI'-58i,

20lo-Ohip-4264, 1 1 ("Slager i`I"'), appellant raised two assignments of error:

(i) ineffective assistance of appellate counsel, and (2) imposition of a sentence that

contravened the sentence previously agreed upon by the trial court and the parties.

Appellant specifimlly alleged that the trial court judge promised to limit the length

of the term of incarceration in Franklin County to no more than the length of the

term of incareeratio,n in Delaware County. Id, at $ 6. We found appellant's first

assignment of error to be moot and overruled appellant's second asslgnnlent of

error, stating:

Under the circumstance, we cannot find that thesentencc-s given were in contravention of an agreementof the court and the parties. To the extent there was anenforceable agreement, the agreenaent was for theFranklin County sentences to run concurrently with theDelaware County sentences. The trial court honoredthat agreement.

Id. at 118.

€¶ 7} Subsequent to Stager° 11, appellant ^'iled numerous additional

niotiaans in the trial court, including yet another nintiora for jail-time credit on

AtagaaSt 12, 2011. In his motion forjaif-tirne credit, appellant requested that the trial

court i^..sue an order directing the ODRC to credit birn with 273 days of}ail-tin.xe

credit in case No. 07CTt-2858. Appellant asserted that, thus far, he had received

zero days of credit in that case, despite having been granted 273 days of credit in

that case by the court, He stated that it did "not appear that [his] right to jail time

credit is in dispute." Instead, he asserted that the issue was whether ODRC had

failed to properly reflect that credit on its records. Appellant asked the trial court

;^,,

5$0 6 2 INoVQ&-794 4

to "direct ODRC to modify defendant`s sentence in case No. o7CR-2358 to reflect

278s days of jail-tenxc credit." (5'ee Motion for Jail-rinae Credit, at 3.) Appellant

attached to his nlotion a letter frorrnZ the ODRC Bureau of Seiitenee ContptJtation,

advising appellant that its record..^ showed "a total of 278 days jail tiane credit for

Case #o7C.K.tz4: 407 and zero days fttr Case #07CR032358."

19 81 Q►a September 8, 2oii, the trial court journalized a decision aBid

entry den}'ing appellant's motion for jail-time c:redite In it` decision, the trial court

stated that appellant's "claim for jail-tizite credit ►s barred bv res juda'cutet as an.y

claimed errors in jail-tiraie credit comptitation can and should be raLsed at the tirne

of sentencing or on direct appeal." Sec^ Sept. 8, ?o7Y Deci,siota and Entry, at i.)

Further, referring to Stcrte v. I'horpe, ioth Dist. No. 99At'-ix8d (Jaarae 30, 2000),

the trial cntsrt stated that this court had previously "recognized the repeal of the

mandatory language of Crinz,tt, 32.2(D), which removed the earlier obligation of

trial c.'uurts to deternsine j<ai] tinie credit. (7horpe1. Even though trial courts are. still

encouraged to naak-e a recommendation to the Departiaaent of Rehabilitation and

Correction (DitQ as to how tzauela time was served prior to sentencing, the

obligation to deteratiinc jail tirxte. credit rests with the DRC."2 (Eniphasis added.)

(.See Decision agad Entry at 1-2.)

1191 011 Septeniiaer 16, 2oxx, appellant filed a tinaely notice of appeal atad

sets forth a single assignment of error for our consideration:

The trial court failed to send a certified judgn-rerat entrvwith the correct ani^runt of d^ys of jail tita7e credit

- The tri.►€ court awarded 273 day-, of jail-time credit for jail iimc^ c;.trne°c€ prior tta tht• time ofaent4nc•int;. `I'hc:rs.^.sft ►•r, UI)€St' a(!{it*d five days cif jail-time credit for jail time u ►rntpt3 post-seritencing but prior to transportation to the prison. S1rager I at 118.a We notL' that the exc:erJst fY°c►ni 79aorfai• tca whic•h the ti•ial c►r€lrt rcfc*rs vutts a st ► txtmairv of the Sc*cYDng€1)istric't c€tc ►,qiatn4 ►n Stctte v. HF'rct. 2ct €)i:;t. Nu, 1738' (;Viar. 31, iqgg). lntl State u, Reie6teldcrfc-r.2d Di at, Itlo. 17445 (A€ir. 3€s, tc)e.ly). Uur ciec:ivic ►n in IhcFrpc hr►wrvcr w:ts spec:ifc• tc) j€3it timccrec€it tirrved x)aPsP 4cntent'ing. "With rcgarct tc> any c•rc*c€it for titne scre`f'd lbetwca n tht' si'ntencingand tr,anspa,aKtativn to prisc,n, the trial c€i►rtrt found that it dic€ not havc,juri,;dictiun tc) give jail timecredit he[ttu+e jurisdiction tc) give ,titit c:rf-ctit uftcr tfte irtitiu(serateracirag dtatc, rests with the tDttic)lyepartmcnt of Rehabilitation and C'urreetion or with tht- Ad ►Ftt Parole R►athoe•itv. Wc at;rrc. 'rE'Jhedt ►ty tn grartt credit for time served in jail "white awaiting transportation tc) tht° place wherc• he isto serve his sentence" R.C. 2967.191, reA4 ti4Ylt'ly with the athalt isagc ►ie• aatithority.' SPUtr ex ref.E'dtc ue•ds v, lleanuratale M. David Ketcl. C'a,urt of C:c►nrrnoja 1'Iea4, Crccne• 0rtrrtftt, Oha(, (July P'.►<}td7}. Greene Api). No. 87 CA ,,c;> tlY1r4°l34Brted, citing ,Sta![ rx ret. Ilur°rt-Bl v. Court of C.'ornrnctNE!US (1970. 5S Oh1o St.°.'C.€ l193r 389 N.F1.2d 5(}0. '('ht3ti. in tht` prt,•$tl]t C:4tiE•, th4 trial t'tstTrt wEf:under no (4uty to c;:►lri►l<tte this crc-t€it because `tdeh dtity rests with the acfia€t parole a ►stha:rity"(f.mph3cis added.) #7horp►' at 1-2),

'-^, .^

.1

L8 0 62 5

[pursuaiit to R.C.j 2967.19a., that has already been[granted] by the Franklin County court, and. [affirrned]by this court. Defendant has already been (granted)273 days ofjail tinie credit in case o7CR-2358.

(130} In support of his single assignment of error, appellant argues that,

although the trial court awarded hiM 273 days of jail-time credit in case No. o7CR-

2407, and 273 days of jail-tin,e credit in case No. 07CR-2358, ODRC only gave him

credit for 273 days of jail-time credit in case No. o7CR-24o7. (See appellant's brief,

at Q As sueh, appellant believes he is entitled to an additional 273 days of jail-

time credit in case No. o7CR-2358. (See appelja.nfs brief, 4.) In response, the

state argues that: (i) appehant's challenge to the allocation of credit by ODRC is

barred by the doctrine of res judicata because appellant failed to raise this issue in

his direct appeal, and (2) appellant's argument fails on the nYerits because the trial

court ordered his sentences [in case Nos. o7CIt-24o7 and o7CR-2358] to be served

consecutively, therefore, pursuant to P.-C. 2967.191 and State v. Pk,Wate, 117 Ohio

St.3d 251, 2oo8-Ohio-8,56, jail-time credit applied to one prison term gives full

credit that is due. (See appellee's brief, at 2-3.)

{1 t t) Pursuant to the doctrine of res judicata, a final judgment of

eonvietiorE precludes a+defendant frvzn raising and litigating in any proceeding,

except a direct appeal from that judgment, any defense or claimed iaek of due

process that the defendant raised or could have raised on direct appeal from his

conviction. State u. Szefcyk, 77 Ohio St.3d 93 (1996), syllabus. Thus, a defendant

may generally "only contest a trial court's calculation of jail-time credit in an

appeal from the judgment entry containing the allegedly incorrect calculation."

State v. LoPraaek, ioth Dist, No. o4AP-648, 2oo54Ohio-27it$9 ¶ xae

{ql t2} In the me at bar, however, appellant is not contesting the trial

court's calculation ofjail-time credit earned prior to the tinie of sentencing. Rather,

he has raised a diffeTerat issue-whether ODRC is correctly crediting jail-time credit

in conformity with the court's judginent. We reject, therefore, the trial court's logic

and the state's first argument to the extent it posits that resjudicata would always

bar defendant from mising the issue he raises now. As noted above, appellant

asked the trial court to address a different issue than the issues raised in Slager I

5 8 0 6 2 -NON -7s4 6

and Mager 11. Appellant's complaint now is with f)I3RC, not the trial court.

Furtherrnure, it is possible that appellant was not aware of the issue now raised

until after thc titaie for direLt appeal had passcd.:3

$^{ 13} Thc issire raised by appellant is the proper allocation of jail-tinie

credit earned prior to sentetacing ky ODRC as that credit was already ordered by

the trial court. Appellant requested the trial court, and now asks us, to or(lcr

ODRC to give him the 2,3 days' credit in case No. 07CR-2358. consistent with the

trial court's award.

{114) Indeed, izt ^Slceger 1, we noted that the "trial court Vtve appellant 273

days of jail-tiraie credit in both of the F'ranl-lin County cases [o7c.R-2358 and

07CIt--24071.,, (Emphasis added.) id. at 16. Further, in Slager 11, we stated:

The judge then gave appellant a 5 year sentence ofincarceration on the failure to conyply with the order ofa police officer case ro7-CR-^3,98], with 273 days ofjail-time credit to run concurrently with his senterlen ofinetxrceration in Delaware C'ounty. The judge thcn gaveappcllatxt aseratence Uf 2 years on the failure to providenotice casm jta7CR 2407j ► and also gave 273 days of jail-tintc credit oti that case. The second case was also torun c:cancitrrent with the Delaware County case, btttconsecutively to the sentence on the other FranklinCounty charge. Stated more concisely, appellantreceived asetttence Of 7 years of iizcarceratitzn on fh^.^Franklin E;caurtty c&ses with 546 days of jail-tinic credit9or a total sentence Of 5 1/2 years of cztstod^y to runconcurrently with the 4.25 ycarq of incarceratiran givenin Delaware County.

'$ €n his brief, appell:tnt ttsseaa-t:; th.at he became aware th:at 0laltC.' had not c•rc•alitcil hini 47,jdskys incasr. No. 07(.R=2358 only after wt- decided Siayer R. He then wrcate the 931jrt°a4u of Sentencec;rsrrtput.atiun at ODRC, and they informed him liy letti:r diitE°d .ltttt° 27, 2cs2a. (Appellvnts hrief,l;xhitait 4.) We nnte that there is in the record a notice of commitment :tnd c-alrulltiota of senttncc,dated .Tune 17, 2caca8 and filed.hpne 23, Wo8. This n6lticc', hawever, is nddra tisec3 tci the FrinkliatCounty Uvrk of Court, ncattn appellant, and there is no indicaticm that appellant was served a co}Yy,of the same. d-Tawever, in his motion for correctitin of jail-time ctrciit filed .letly n ►, rwe>H, withreslaert to his first :af,gx-.tl, apIvilant statc.-a.i with regard to mzse NO. 07{:4t-2:t58 that "[tjhis (:a ►urtgrttntrel clefencl=ant 27;; ciavs jttil-timc emdit [.t'1't_`) cit thc 4cntcmcin{; hettring :irtci rcvc ivcd aclayti d't G by the C1htr, Department saf I;;ehabiiitaticin and Correction."

8 O 5 2 _NaW2AP-?94 7

(I IS) The judgment entries and the disposition sheets for case i~+tos.o7CR-

2358 and o7CR 2407, both signed by the trial judge and filed with the clerk on

June ii, 2008, clearly indicate 273 days°jail-time credit for each case.

(116} We find res judicata does not always bar a defendant from requesting

a trial court to order ODRC or other prison officials to comply with the trial court's

previously ordered allocation of jail-time credit earned prior to seiltencing, even

when the same issue was not raised on direct agpeal. The proper meth®d-' to make

such a request, however, is not the filing of a post-conviction motion in the

underlying criminal aetion-litigation to which the ODRC is not apartjr. Rather,

the proper method would be the filing of an original action. See State v. Berger,

170 Ohio App.3d 8, 11 (.t984) ("mandamus, rather than a motion in the trial court

for credit for time served, is the proper remedy for enforcing a right to have

[a] sentence reduced by crediting time served prior to coravietion.")5 We note

that this court has previously considered artd resolved mandamus actions in which

prisoners have sought extraoadinary writs of mandamus compelling state prison

officials to recognize jail-time credit consistent with a ccsurt°s entry. State ex ret.

Green v. Money, t,oth Dist. No. o3AF-7, 2oo3-ohio-4572'

{¶ 17} In order to obtain a writ of mandantus, appellant would be required

to demonstrate that: (i) he has a clear legal right to the relief prayed for; (2) that

the respondent is under a clear legal duty to perforar ► the act requested; and

(3) that the relator has no plain and adequate remedy in the ordinary course of

law. State ex rel. Thompson v. Ohio Adult Parole Auth., ioth Dist. No, toAP-24,

201a-OMo-429, ¶23, citing State ex red. Berger tr. MclVleancagle, 6 Ohio St.3d 28, 29

(1983). Ira this instance, appellant filed a motion for jail-time credit. In so doing,

he has not demonstrated any of the criteria nesessary for a court tta consider

4 On September afi, 2011, CIDRC`, Bureau of Sentencing Computation suggested to appellant that hecxaixld prcbcced with an even less formal methcxl by writing the scntens ing judge and asking "that anycredit for timc: served be fnrw-arded to our otrice in a+rcrtificd juctgrnent entay." (Exhibit attached toMotion for .lai1-15me Cre,tiit. Apps:ilan#'s brac:f. Rxhibit C.): Appellant in the instant case has not alleged that he is entitled to immediate reteasc;. We note thisbecause in.Scantnn v. Brunsman, im Ohio St. 3d s,l, i,52 (ztaoQ, the Sigpremc Court oftlhio foundthat a pris;aner's habeas corpais daim was nnt viable te w aise although he ctairrsa3 that he was notentitled to an earlier release date, the prisoner did not claim he was entitled tn immr.'cizate releasefrom prison. 't'he Supreme CDurt held "[i]n general, habeas corpus is proper in the crimimal c®ntextonly if a petitioner is entitled to immediate release from prison or same other physicalronfinement.°"

; `^ •^ #_ ^^^,

d

5 8 0 6 2 - NÂAP-794 8

whether agpellant's reqtiest is warranted, nor has he named ODRC as apart3=.

With this in mind, we cannot say the trial court erred in denying the motion, but

the reasons for this conclusion differ €ran4 the reasolzs articulated by tt2e trial court

and argued by the state.

M 18) We refrain from opining regarding the trial cotarrs application of

7')zorpe and the state's second arguixzc.nt that R.C. 2967.191 and Ftt,gafie 4tppty to

prevent tht'trial court frorra gra3riting appellant's request, as to do so would artiount

to an advisory opinion regarding vvliethcr a€slZellatit has a clear legal right to the

relief prayed for and whether ODRC has a^lear legal duhJ to perform the act

rcqttested. These issues would be considered if and when an original ac,tion is

filed.6

{114} Appellant's single assignment of error is overruled, artd the

judgn)ent of the Franklin County f;otirt of Goninacai) Pleas is hereby affirmed.

Judgment ciffirraaed.

BROWN, Y..I., and BRYANT, J., concur.

71. 1.Fr:^ ^ rfr^;!'

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6 In essence, the issue to be decidei then would tx: whether ODRC a:an disregard a trial a:uurr'sc•alculatinn of jail-time t`.rcdif earned ffrior to the timc of scâttc.nc:ing wherc, the trial ceattrt'scailcttlat{on of ,jaii-timr eF•t:cBit may bcR contrary to how R.C. 2967.291 and Fugate direct 0DRC• toca[tittatc jail-time credit. See '17iPBrjxe: rataapure State t+. ltlct.'eiazie. ioth Dist. No. os.tRi'-1182 (Jtint,.5, : cti()tJ (°[I]n d7tc9rpe., this cisurt stated that jiaritic3ickic,n tu give jail-time credit after the initial4t-ntcncicai; date for credit for tintc served lx;trwcen sentencing and tt`.an53mrtatlon to prison restedwith [Ci)R('j.'E'l:'tis cortrE dict not reach the ►ssue of pr•etriul dc:tt ntion:'(1,mph,asi^ added.)j: Stctte exrel. Konkirr t+. t)fliu Acltt(t Pare'lri Atath., titi Ohio 8t.;3d 476, 2cuY3-Qhi4)-2n6I, 18("['1`]he APA maycredit t4nlv the am«unt of jail-time that the trial cottrt clt•tcrmine.^ the inmate is ent'at.lcd to tiy law.'lltc• APA cannot i(;rtG#'e the f4°if12 EYDtfI't's determination rr!' jail-time credit rtncl s[lla,itittttE' its srwnjt,(dg ►nt•nt in ccimhlyini; with thcrnandtites of R.C. Sdsaen a.l. 4tfiTts, 10t1yI)i.Lzk. No. ase)Ap-1yS, 2ot►9-Ohin-b27,j ("While H.C. 2r)4y7.t9t rrc;ttirs.N that the ()i)RC: crc-Jit an inmate with jail-timeals•c:caely ;;crvtbd,'it iy the trial e<:urt that m:steas the ftactual ctltrrmin:ttidjn as tc ► the ntttretx^r of 41ays ofconfinrntent that a defendant is trntitlc(l to have cretliicd toward his senlem•s.*.' ThiS information isn-cltaircxf to hc• inc°htcle-J with the sentence and entry.").

f^•-'^,^ ^

58123 - V98

IN THE COURT OF COMMON PLEASFRANKLIN COUNTY, OHIO

STATE OF OHIO,

614'z^ e-pp^

Piaintiff, Case No. 07CR-2359

vs-

MICHAEIL W. SLAGER JUdge Julie Lynch ^y ^ •;., ; ^ ^vy^6 : ;a

fl£fentient clp A ^jqf.w

AM ^3

^ or 5

MOTION TO Cl.ARIFV THE RECORDS

!slom ooneos the DEfendant NTcheel N. SlBgar, pro sa end moves this court to

grant the defera#ants motion so he may have a better understanding of the rseorda.

tin Juna 10, 2008 the defendant was sentenced to (5) five years in ODRC

with 273 dayg jail-ti^se credit. (5a® Attached entry)

- - - -- - ----"CKQe`e- ara 'tha`fo31owing-queetifln-th®t -1- have obout -the aentencing_entr.y.s - - - - •- -

1. Nom many days of j®il time credit should have been applied to the sentence?

2. How many yeera did the defendant receive in ODRC?

The defendant hape and prays that this court could grant thia motion and

answer the above question so that the defendant understand that he is reading

thv judgemont entry correct.

CCftTIFICATIE CF SERt1ICE

This is to certify that a copy of the foregoing he® hean forwarded by

regular U.S. mail, posteg® prepeid, this-L2^dey of 0y#j6ft&e_ .2Lt11, to

FranUin Prosecuting Attornay at 373 S. High St, 13th Floor Columbus, Ohio 163215.

W

Ra s^tful3 submitted

cheael ^ gax, defandant pro ss

2001 E. Centeral Ave

Toledo, Ohio 43608

- ^`^'

OA067 - M85

IN THE COURT OF COMMON PLEAS, FRANKLIN COUNTY, OHIOCRIMINAL DIVISION

inMm000a.

a.^^cvQ.0)

rO

^

0U0

.W^i;^wCL

0

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^LL

STATE OF OHIO,

Plaintiff,

V.

MICHAEL SLAGER,

Case No. 07CR-235^c-'- ^a

JUDGE LYNCH C:)Defendant.

DECISION AND ENTRY DENYING DEFENDANT'SMOTION TO CLARIFY THE RECORDS,

Filed November 23 , 2012j ^

Rendered this day of January, 2013.

LYNCH, J.

NO

v.J

^

.^-cx^

This matter is before the court upon Defendant's motion to clarify the

records, filed November 23, 2012. The Court finds that the June 11, 2008

Judgment Entry which Defendant contends requires clarification speaks for itseGf.

Therefore, the Court does not find the motion well taken. Accordingly, it is

hereby DENIED.

IT IS SO ORDERED.

Julie M. nc^, J dge

Copies to:

Kimberiy M. BondAssistant Prosecuting Attorney

Michael SlagerDefendant

A-

c^. 3. IJ

3^J^

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,3anowski, Terrie

From: Pond, BarbaraSent: Friday, October 19, 2012 6:49 AMTo: Janowski, TerrieCc: Oakley, MarySubject: RE: Inmate Slager 579334 -

_ .......... ._..-- _ ......... _ _ ...,.. ^ ^ Offender Nurn.ber A579334

^_..____...._ . .._._.._._ __ .. r.. _.._..._.:.....Name : SLAGER, MICIfARL W^ . _-..... . ---..._ -- ---- -_ . _.. . -...-. _ _. ...._ ........... .......... _............ __:..__

Expected Release . 09/01/2014.... . ..

s r Offense Qualifier t ttz rrr^ ^^. 2 3

NOTICE-CIiA1YGE i06116/08 ; lOF ADDRESS

FAIL TO COMPLY 06116/08 11

RSP ; 06l22/10 ii

C 1 278 i j 2.00

C 0 5.00s _..._._.^w_...._.._^...___^_..

S 997 1.42

FRAN { 074:R0424071 S

F'RAN j 07CR03235$

DELA 07CR[09539

3

- +.

3

4

Tfte jir you sent me is the sarne one we 11ad at admission. 97Cl3Cl42407 & 07CR032358 are Mnseccrtive io eaclr c i;ri:r.Both 3E.'s grantec! 273 days of creclit and we applied 5 days of convey for the total of 278. Since both JE's grant the sarne.arr3our-it of credit, we only give it oti :I case..ctherwise ^,ve would actually be giving Itiini credit for 556 (278 X2) days 4,vh`r,he was only in the jail for 278.

His Attorney snouid Lie caiiing here if he is questioriing t;! je r.alculatirsn. Our number is: 614- 4.66-3749.Hope this helps.

!t yoLr need anything else, please let rrie know.

. .. ,,. ...._ ._ .. ...:..... .: . _. ...:. . _.... ..._.., ..... :...:. .:.. :....... . . ........,... . ........., .. . . , _,........:..__... ... ..-„_ ... ._, .., .....

From: Janowski, TerrieSent: Thursday, October 18, 2012 3:30 PMTo: Pond, BarbaraSubject: FW: Inmate Slager 579334

4s.s. Pond,

Do you knouti anything about the jnlxrnal entry for this inmate that was sent to yoc.{ gtays last week. i have Iris atu,rrnF>.,calling r;v«nder)ng what is going on wEt'h it. Can you help rno? Thf.-, ir)mate is Slager 573-3-14 and case numberHe is saying that V!8 is due 278 t;adys Ofji3ii tirlle. CrE.'dlt<T1i ari ks

7E?rrfE^`Jai14wskf

From: Janowski, TerrieSent: Friday, October 05, 2012 10:26 AMTo: Oakley, MarySubject: Inmate Slager 579334

Mary,

f

.^^

0A067 - M88I received this in the mail, It is a journaP entry forjail time credit for inmate SEager 579-334. Not sure who gets them

now. I also have the original coming in the mail.Thank you

Terrie JanowskiC'_orrectionci! Program SpecialistToledo Correctional ins*.ituticn

2001 E. Central Ave.Toledo, Ohio 43608419-726--7977 Ext. 7429

. .: .. . .. ..

. . ... ^'_. . . ^ 1 x. . . i . . i. . ,. .. . . ...

\'\

-2

r2n9G^-- -V16

IN THE COURT OF APPE,ALSFOR THE TENTH APPELLATE DISTRICT

FRANKLIN COUNTY

STATE OF OHIO ex rel.MICHAEL W. SLAGER,

Relator,

V.

OHIO DEPARTMENT OFREHABILITATION AND CORRECTIONet al.,

Respondents.

STATE OF OHIO

COUNTY OF FRANKLIN

Case No. 12 AP 1038

Original Action in Mandamus

ArTIDAVIT OF DEBRA WARREN

ss.

C-) cl-:4'rnxCs w "fl^

^ m

rs ^ °

1, Debra Warren, being first duly swom, depose and state as follows:

1. I have personal knowledge of the facts contained in this affidavit. I am

3'P x•

competent to testify as to these facts.

2. 1 am the Quality Assurance Supervisor of the Bureau of Sentence

Computation (BOSC) for the Ohio Department of Rehabilitation and Correction (ODRC).

3. After reviewing Innlate Michael W. Slager's (institutional number A579-

334) file, I have learned the following information. This information comes from

authentic copies of records maintained by my office, which are kept in the ordinary course

of business and which have been ttiade at or near the time of the occurrence from

information transmitted by a person with knowledge of these matters.

1 of 3EXHIBIT

^^:>A

20896 - V17

4. Slager was sentenced on June 10, 2008, and then admitted to ODRC

custody on June 16, 2008, to serve the following sentences:

a. Franklin County case 07CR042407: A 2-year term for Failure to

provide notice of change of address R.C. 2950.05 a felony of the 3rd degree, ordered to be

served consecutive to Franklin County Case No. 07CR032358. `F'lzis entry stated 273 days

ofjail credit.

^•

b. Franklin County Case No. 07CR032358: A 5-year term for Failure

to comply R.C. 2921.331, ordered to be served consecutive to Case No. 07CR042407.

This entry stated 273 days ofjail credit.

5. Both of these convictions from Franklin County were ordered to be served

concurrent to a conviction in Delaware County Case No. 07CRT09539.

6. Pursuant to our rules for application of jail credit for multiple cases from

the same county with the same date of sentence and the same amount of jail credit, we

gave jail time and conveyance tirne on one case and no jail-time credit on the other. See

Ohio Admin. Code 5120-2-4(G)(2)(a). In cases like Slager's, we assume that the credit is

duplicated; therefore, it should only be applied once to the total sentence. His total

sentence was 7 years with 273 days of jail-time credit plus 5 days conveyance time for a

total of 278 days. His release date was cerGified as September 9, 2014. He has since

received 10 days of earned credit, making his current release date August 30, 2014.

9. On December 2, 2011, BOSC was contacted by Tom Hardy of the Ohio

Public Defender's office concerning Slager's jail-time cred.it. We stated we would contact

2 of 3

•'^ .;aA>^ ^

20896 -- V18-

the Judge for• clarification on the issue. On December 5, 2011, we faxtd a letter to-the

Judge for clarification of his jail credit.

10. On February 24, 2012, we were again contacted by the Ohio Public

Defender's office to see if we had received a response from the Judge. Since we had not,

we called the Judge's office and left a message. Puriuant to a request from the Bailiff, on

February 29, 2012, we faxed the letter a second time, On March 11, 2012, we received a

call from Judge Lynch's Bailiff stating that the inmate is to receive the 273 days of credit

and it is not to be duplicated.

FURTHER AFFIANT SAYETH NAUGHT.

ra Warren, in my o cial capacity

Swrn to and subscribed in my presence this ^ day of January, 2013.

NOTARY PLJBLICr ••

My commission expires L`' /Lg 1l

3 of 3

Cteryi A. JondanNakNy Pubiic, Sta1e o10hro

My Qm6sim Expa+es "-M7

i .^

20896 Q64

oAa 1 Ohio Department of Rehabliftation and Correction

Bureau of Sentence ComputationP.O. Box 450

®rienf, OH 43148

F.I®nn fi Ksslcri, r3®v►rn®rWwyy.dm.OhlO.goy

Inmate Slager, Michael, #A579334lnstitution. RCI

Glary C. Mohr, DIroCtor

0Date: 9/16/2011

. .

Inmate Slager:

a

I am in receipt of your correspondence regarding your sentence computation.

If you feel you are entifted to more jail time credit, I would suggest that you wrtt& your sentencingjudge and ask that any credit for time served be forwarded to our office in a c®rtified judgment entry.

a Do not serid our office a copy of your motion, as we must wait for a decision from the Court, Uponreceipt of the jail time credit entry from the Court, we witt promptly adjust your release date

^ accordingly and you will bo, tyotitied. Case #07CR032358 Was grantcd Obro days of jail time credit.®c.^ .o^.

^, . .a Sincerely,

a t4. SI,Qv4k^vi.sl^i,p .o N. Blankenshipu Bureau of Sentence Computation

0

c •®

J ^i

OAQ67 - M9

iureau of SPntenc.e CoMputati.on ------- - -- - ------- Sept 1. , 2()12

about tny- sentencQ, and jail ti.me creclit. The ouestions are

t h e.f o 11 , o ia 1. nR^--_-_____

---------------- --

1-"- CouZc3 you please tel lme how many ia?_1 time crec3it days

are listed on the Juc3Qement Fntry for case ###07CR-2358 that

yoE.rr office recieved?

a2. Coul.dvou te1l me what day your office recieved thatP ---- ___.^,___ --- - --- _- - --------

ri^_^__W_ ^^- JUcizement Entr for cas -P_ #07CR--2358 from-the courts?

N- ------ - - - --------_._ -- -

U)3. tv"hatdoT have to Oo if y_nur office never appl.ied the^---------- - -- - _

cv-------- time credit that the ;i.ic3ge bave me?, _ -----_-__^ -----_.------ -----w_ ^^, _. _.----- ----- --- --------- __--_----- --------------------

4. If th^^LO 9e ^iyes me a i I time credit does your office--- - -d

ust disrepar-d it if it zs orr the .judvement entry?----

^ 5_ Could your office send me a cony of the judgement Fntry_----------^ ,that your office recrevecj frotg the Franklin County Cler.k of

-...__ --------------- - - -- - - -0C o u r t G?---------------_-:-------_^_.^.-___ _--_--------_- _. _---------------------------------

0SO- ------ --- ----------- ------- ---------- _--------- -0

If-you coulr3 pl.ease send this inEo to me at TOCT where------------- ----------- - --------------- -----

^ I ` rn a t . -----------^0

Rettirn InFo

Michael_ ku, S1a5zer

001E. Centeral ^

Toledo. Oh 43608

_,_...

579-334

u

December 24, 2012

To: Ms. AdamsBureau of Sentence Computation and Record ManagementP.O. Box 2650Cotumbus, Ohio 43216

CC: Attorney John Comely, 10`h District Court of Appeals to add to my Writ of Mandamus filed thismonth, Gary C. Mohr, Director. (Ohio Department of Rehabilitation ant! Corrections)

The reason for this letter is because I wrote your office on December 6, 2012 about a issue that

I was having with my jail-time credit in case number 07CR-2358.. I also sent o copy of the letter that I

sent your office to Gary Mohr (Director) stating the same thing that I stated in your letter to you,

All I'm asking for is for the issue to be fixed. I also just filed a Motion of Writ of Mandamus in

the 10`h District Court of Appeals about the same issue that I wrote you about. The email that I'm

talking about is the email that Barbara Pond sent to my case manger about the judgment entry that she

had emailed and mailed to your office. The email stated the following from Barbara Pond:

The JE you sent me is the same one we had at admission. 07CR04-2407 &07CR-03-2358 are consecutive to each other. Both JE's granted 273 days ofcr vdit and we appgieci 5 days of ccrn.vey €or the Lotal G:278. Sirce both JE'sgrant the same amount of credit, we only give it on 1 case...otherwise wewould actually be giving him credit for 556 (278X2)days when he was only inthe jail for 278.

This is what I'm talking about when Ohio Departtnent of Rehabilitation and Corrections, cannot

ignore the trial court's determination of jail time credit and substitute it for its own judgment. There is

cases that state that your office can't do that.' They have to follow the law and not just make up there

own rules. Your office has rules to follow just like I have to follow when I filing things in the courts,

I have tried to work with yotir office to get this issue fixed but still you haven't wrote me back

about the letter that wrote you on December 6, 2412. Could you please get let me know what you

would like me to do so this issue can get fixed

% iager #5342001 E. Central AveToledo, Ohio 43608

MacConnell v. Ohio Department of Rehabilitation and Corrections, 2012-Ohio-283,¶ 12, citing William V. Ohio Dept,of Cor., 10'h Dist. No. 09AP-77, 2009-Ohio-3958, ¶ 15

^ •^ ^^^

20896 - Q74

December 24, 2012

To: Gary C. Mohr, DirectorOhlo Department of Rehabilitation and Corrections770 West Broad S#reetColumbus, Ohio 43222

CC: Attomey John Comely, 10" Dxstrict Court of Appeals to add to my Writ of Mandamus filed thismonth., Ms. Adams (Bureau of Sentence Computation and Record Management)

The reason for this letter is because I wrote your office on December 6, 2012 about a issue that

I was having with my jail-time credit in case number 07CR-2358. I also sent o copy of the letter that I

sent your office to Gary Mohr (Director) stating the same thing that I stated in your letter to you.

. All I'm asking for is for the issue to be fixed. I also just filed a Motion of Writ of Mandamus in

the 10' District Court ofAppeals about the same issue that I wrote you about, The emaii that I'nx

talkirig about is the email that Barbara Pond sent to.my case manger about the judgment entry that she

had emailed and mailed to your office. The email stated the following from Barbara Pond:

The JE you sent me is the same one we had at admission. 07CR04-2407 &07CR-03-2358 are consecutive to each other. Both JE's granted 273 days ofcredit and we applied 5 days of convey for the total of 278. Since both JE'sgrant the same aicnount of credit, we only give it on 1 case...oth:erwise wewould actually be giving him credit for 556 (278X2)days when he was only inthe jail for 278.

This is what I'm talking about when Ohio Department of Rehabilitation and Corrections, cannot

ignore the trial court's determination of jazl time credit and substitute it for its own judgment. Ttzere is

cases that state that your office can't do that.' They have to follow the law and not just make up there

own rules. Your office has rules to follow just like I have to follow when I filing things in the courts.

I have tried to work with your office to get this issue fixed but still you haven't wrote me back

about the letter that wrote you on December 6, 2012. C&youeeassee let me know what you

would like me to do so this issue can get fixed.

9-33^2001 E. Central AveToledo, Ohio 43608

1MacConnell v. Ohio Department of Rehabilitation and Corrections, 2012-Ohio-283,1 12, citing William v. Ohio Dept.of Cor., 10*" .®ist. No< 09AP 37, 2009-Ohio-3958,1 15

39

^

20896 - Q72

To: Ms. AdamsBureau of Sentence Computation and Record ManagementP.O. Box 2850Columbus, OH 43216cc: Attorney John Comely, Attorney Mark Miiler, & Attomey Doug Shaw

December_^ 2012

The reason for this letter is I have problem that I have been trying to work out with some ofyour staff who work at your office, to get something fixed that°s not right with my jail-time credit forone of my cases. The staff 1 have been trying to work with is Ms. Barbara Pond. ,

I have sent letters, and the case manager has emailed her, and the Franklin County Clerkof Courts has sent certified copies of my judgment entry for case number 07CR-2358. When Iwrote her she told me that she needed me to write the Clerk's Office and have a certified copy ofthe judge's entry sent to her.

I did that and had the Clerk's Office send a copy to my case manager, Ms. Jangwski. Ms.Janowski emailed, and sent the original to her in the maii. Ms. Pond sent Ms. Janowski an emailstating that they had received the judgment entry the day I arrived at the insti#ution. If this is thecase, then why is your office staff not applying the jail time credit that the judge had given me atthe time of sentencing?

I filed a motion for jail time credit in the Franklin County Court and they denied the motionbecause I was asking for the 273 days of jail time that was already on the judgment entry datedJune IC, 2008. The judge stated they had already given me the jail time credit at the time ofsentencing.

I was sentenced to (5) five years with 273 days of jail-time credit for case nuniber 07CR-2358. t was also sentenced for another case to (2) two years with 273 days of jail time credit forcase number 07CR-2407.Your records are giving me the 273 days for case 2407 but 0 days of jailtime creclit and not the 273 days of jail time credit that was granted to me at the time ofsentencing for case 2407.

If we look at State v Slager, 10th Dist. No. 06AP-561; 08AP-582; 08AP-708; & 08AP-710,2010-Ohio-4264, ¶15 -The judge then gave appellant a 5 year sentence of incarceration on thefailure to comply witFi the order of a polioe case, with 273 days of jail-time credit to runconcurrently with his sentence of incarceration in Delaware County. The judge then gaveappellant a sentence of 2 years on the failure to provide notice case, and also gave 273 days ofjail time credit on that case. The second case was also to run concurrent with the DelawareCounty case, but consecutive to the sentence on the other Franklin County charge. Stated moreconcisely, appeflant received 7 years of incarceration on the Franklin County cases with 546 daysof jail-time credit, or a total sentence of 5'/: years of custody to run concurrently with the 4.25years of incarceration given in Delaware County." (emphasis added.)

Ohio Department of Id,ehabilitation and Corrections,Ohio Adult Parole Authority or the Bureau of SentenceComputation cannot ignore the trial court'sdetermination of jail time eredit and substitute its own

10 ^W?1^

i, ,^"^

^^^

20896 - Q73 judgment in complying with the mandates ofRC.§29G7:1'91.

"Ohio Department of Rehabilitation and Corrections has no duty to determinatian whether a cotart'soriginal jail-time credit calculation is correct" [citation omitted.]2

The Ohio Supreme Court has further provided that "the APA may credit only the amount of jsil timethat the couzt determanes the inmate is entitled to by law. The APA cannot ignore the trial courtsdeetermination of jail time credit and substitute its own judgment in complying the mandates ofR.C.2967.111 ''

The Tenth Appellate District has continued to established that "[w1hile R.C.2967.191 requires thatthe ODRC credit an inmate with jail-time already served, 'it is the trial court that makes the factualdeterm:iziation as to the number of days of confinement that a defendant is entitled to have credit toward hissentenee.` This info.rmation is required to be included with the sentence and entry."4

Now as you can see that I have done everything that your office has asked me to do even know Ididn`t have to do any of this. If I'm held after what my out date should be sometime in 2013 and not 2014then Iwi11 have no other choice but to file civil complaint in the Federal Court for False Impr;sonznent.Which I'm not trying to do. That is the reason that I'm writing you and not any of your staff there becauseall it seems like is that they are given me the big run around. Could you tell me what I need to do to get thisfixed so I can go hoxne on the right out date and not the one you guys have got me at right naw..

Res sub

.^°

ylliasn Slager #579-3342001 E. Central Ave.ibiedo. 05io 4360I

'MwCo,qnsll u®hio Department g/'Relsabiditatfoo and C'orrrctiorrs, 2012-Ohio-283, 112,citing Ff'FlliaD,a Y. Ohio Uept of con;, Zp& Dist. P7o,09AA-77, 2009-Otsio-3939, 11 S

; Stats ex ret Rankin x OhioAdr:lt Farote.tutlrority (2003), 98 Ohio St.3d 476.`State v S1Wr,10°i Dist. No. I 1 AP-794, 2012-phin.3S84, at FN6, quoting State x Mitls, 10' Dist. No. 09AE'-198, 2009-flhio-6273.

^^ .

0A067 - M95

20896 - Q70

®ecember 2012

To,• •,gary C. Mohr, DirectorOhio Department of Rehabilitation and Corrections770 West.$road Street

Columbus, OH 40MOi 43222

cc: Attomey John Cornely, Attorncy Mark Miller, & Attorney Doug Shaw , Melissa Adaars BOSC

The reason for this letter is I have problem that I have been trying to work out with some ofyour staff who work at your office, to get something fixed that's not right with my jail-time cneriit forone of my cases. The staff I have been trying to work with is Ms. Barbara Pond.

I have sent letters, and the case manager has emailed her, and the Franklin County Clerkof Courts has sent certified copies of my judgment entry for case number 07CR-2358. Wfzen Iwrote her she told me that she needed me to write the Clerk's Office and have a certified copy ofthe judge's entry sent to her.

I did that and had the Clerk's Office send a copy to my case manager, Ms. Janowski. Ms.Janowski emailed, and sent the original to her In the rnail. Ms. Pond sent Ms. Janowski an emailstatirig that they had received the judgment entry the day I arrived at the institution. if this is thecase, then why is your office staff not applying the jail time credit that the judge had given me atthe time of sentencing?

I filed a motion for jail time crsdit in the Franklin County Court and they denied the motionbecause I was asking for the 273 days of jail time that was already on the judgment entr), datedJune 10, 2008. The judge stated they had already given me the jail time credit at the time ofsentencing.

I was sentencedto (5) five years with 273 days of jail-time credit for case number 07CR-2358. 1 was also sentenced for another case to (2) two years-with 273 days of jail time credit forcase number 07CR-2407.Your records are giving me the 273 days for case 207 but 0 days of jail

time credit and not the 273 days of jail time credit that was grantedto rrm at the time ofsentencing for case 2407. .

If we look at Sfate v Slager, °i0t' Dist. No. 08AP-581; 0BAP-582; 08AP-709; & t39AP-710,2010-Ohlo-4284, 115 "7'he judge then gave appellant a 5 year sentence of incarceration on thefallure to conipty with the order of a police case, wPtit 273 days of jall-tirrte credit to runconcurrently with his sentence of incarceration In Delaware County. The judge then gaveappellant a sentence of 2 years on the failure to provide notice case, and also gave 273 days ofjail time credit on that case. The second case was also to run concurrent with the DelawareCounty case, but consecutive to the sentence on the other Franklin Countyconcisely, appellant received 7 years of incarceration on the Franklin County cases wi hthS46 daysof jail-time credit, or a total sentence of 5% years of custody to run concurrently with the 4.25years of incarceration given in Delaware County." (emphasis added.)

Ohio DepartanentofReGsbilitation and Currtctionx,Ohio Adult Paroic,9►uthority, or the Bureau of SentenceOqmpehtion cnnnot ignore the trial court'sdetermination of jail time credit and substitute its own

L`;` P^^r

OA067 - M96

20896 '--- Q71 judgmentln_comP -with-the-mandatei of^` u^g

R.C.§2967.191.

"Ohio Departtnent of Rehabilitation and Corrections has no duty to deteanviezation whether a cou:rt`soriginal jail-time credit calculation is correct" [citation oznitted.12

The Ohio Supreme Court has further provided ttiat "the APA may credit only the amount of jail tirnethat the court determines the inmate is entitled to by law. The APA cannot ignore the trial courtsdetermination i^of jail time credit and s^zbstitute its own judgment in complying the mandates ofR.C:2967.191.

The Tenth Appellate District has continued to established that "(w]hila R,C.2967.191 requires thatthe ODRC credit an inmate with jail-time already served, 'it is the trial court that makGs the factualdeter.mination as to the number of days of confinernent that a defendant is entitled to have credit toward hisse.ntence.' T1xis infozYnation is required to be included with the sentence and entry.'

Now as you can see that I Jhave done everything that your office has asked me to do even know Ididn`t have to do any of this, If I'm held after what my out date should be sometiime in 2013 and not 2014then I will have no other choice but to file civil complaint in the Federal Court for Falsc Irnpalaonnsent.Which I'm not trying to do. That is the reason that I'n7 writing you and not any of your staff thexe becausea11 it seems like is that they are given me the big run around. Could you telline what I need to do to get thisfixed so I can go home on the right out date and not the one you guys have got me at rig,ht now.

su

7 ^illiam Slager ^t579.3342001 E: Central Ave.n,Wm, cWe .a-MM

?MaCC®'Wufl x Ohfa Dapevpnesru q/Rshabllttvttwa caed Cotmetkxkr, 2012-Ohfo-283, 712,citing Wtl llam x Olafa Depa, aj'Ca.r., 10& I7ist< No.09AP-77, 2o09-t3hio-3938, 115

j 57019 ss rel. liaxkl,s x Okia Adult PcurIs.luthvrr`Stata x Str^: 10` E)ist. No. t IAP-^#, 20I2-0hisr-3S$4, et ^ 3^ 98

Ohio 5L3d 47b.6, quotiszg&ah x Mttta, tQ°i Dist. No. 09Ap°199,2004-UIda,6293.

i.i° ^ .(

Barbara Pond, Oct %03 2012

T:`^,s., 'C° .r.cThe t.^s t)n for ^ ^ r is rvê t;;'ritix; *^' have'..,.3^^...:r• .^.^?^; . ':ry.. :..^ ,_ ^^? I T ^f3,.. a s_.^' ^?t^7 L^ ^.i'c_?r_ :^ till

^....'' ='^ ^", your ^? ,.'"i the t5nly t3'<1^.'a, g ^ that can help r^^ answer them. On itap^:.

11, 2011 1 oi:Gi)t;? `1tAt.'r office to see 5,,7Fhnt the ja3l° £;:t.'sTECs w'Ced.i,',' was

in case J 7CR. ° 23i tz a? ri your offif,: r: wrote backacPC N. Bl; 3 nkt:' f3 7 hiz? ..' ^.; ;'3 t:^ n<rs.

^.., °»3 ^ ft ) ^., l`:3''r" :?. ngo

That if I l`'e;:3l that I should have more "ic'.s>.,.^:<d.^^:C,? credit that^

; b f..i. need to write the FRanklin c{J:.1(et71 Clerk C9f Ct3ur'f:.'i and 2"tai?'e t',4 ?

+e%"td your office a certified copy of the judgment î!% ryc So s r:....,cY

c'3zi your stated and had i.:"i!:a courts send your office B._:SaOI My

ca`°.e f3e`3a<yt•a?" Mrs Ja:eow] k? , and ^r1 '.'^^ G f "s_ '^'t^ copy C) ^.r , ^::^'myself} a ,r'.E^ t. t'. f: .

judgment entry for case num'.S^',i 0.tr:i^^^'.,,35C a

t^..`^3? October 5, 2012 Mr s s^^::L z":'.'^!''7:.^f^1d the :'t»'3;^.'h.'^3 ='.`.^ :'<57"'y. ... . . . ,,. ,,. ,/

of my j<<dz`!'!."1!?T1'•", entry and Eakai3 .,!S a copy of the judgment entry, and

mali%c; A'ê o-r.. ^ yi.,al to Mary r^r^^l€=y .o

After a O.'3^'*3r T .,''"•.i..'-.d my Attorney a nd Csef? if he could h ;"'ls? me

with this isS3.3eo So he called :"3'f ao J% nt3w{>s'^•'•'i to find out what r"'^^

problem was about croi, ti :I.ng this issue fixw?do

On October 181 2012 Mrs j,i1?{>;T..,....'. E pF:'3iled VC3%.3 about this :?:sat?c,'

about my jail t.4.m'z credit. And yE3u stated that your office not ^'T'^`•7r

"E•'.^^::-"?.'t 3'f'.d a :e£ i.i.E 7 ed copy on admission date Zi.)i3t you a lso Y_'A.•'•..'s:? veC!

the second t:.'t3py u 3at yt)?1],° office ^.."at"t'°,od that you needed to ^.'erd:#.t

the jail-time a'C'eC'i!: that has still not been credited to my sent,

Your f)$.f:?C;e has t"2o right to vs?z^'st make up yt7?31." minds to d'+_ar-.'".''.£r^".^•i°''^

the amount Q j^.`3.s'.l ti:32e 6rPdi'f that the court granted ;'t.IC'« E have

sent my Atttzr€i-wya copy of your response about my jail-time ^redit.

T ^..^:t,'t8t think its right that Yt}Ur office :a.'F`'t just not Z?;1.vf-a soi11<:?f`.F.Ye

;.. ^} ^^ ^.: ,_F' iw"'.,.r ês..i1 ^,.. ^ .o " ^j°1:L °'t'!sT. C^ L:'; ?; cc:. E.$," ae you iyrf }t w ^t7, • s.ti. -,yr^^;!Yt?' ."1a °_ C--e^;T° , t^^ with ^ 4,?.,"t:•^.

aniRe amount of '3a.'_l°°C 4. c:' i ;.' ,>+edit, t.ia..=' issnot y?E^. s"'Y," job to f°?^t.^^" r''^ .,,t) 7

rtu(3â!; the courts , or 'F.."hn judgment ^ntr°y's Tt is yo9.c" job to a.1'S^ly

the jais ' time credit 6.hat the wigutY'tri.p;::,nn a So now that your o.E. .3. .i_ce

has given me the b:i.£.Y, run around could 4jfsu plnaaP tell {(3€? what T C4£;;7'%.

to do to get your 6}f'f.1.C^'-^..' to ,7ipf.y the jaila,time ci.e3t? 4R3ac''.. the

:i13..^^.g"..' granted me on June 10? 2005? Also i. will hai7<.-3 my Attorney

call your office and the News about this I`.'iiF..ie because you guys cr'3,"-0.

^`+^'?not doing your jC3.."'i: 4 My Attorney is John Cr}.C' i^c"_ lV'> I t^;^' . .^. ^. . va him<r.7:3.^J` 2

your number to call and talk 't i"Tj? t to y:}ua So to make this issue

go away you tell ;"i1:? !'i1'd?rJf' '.2.;{:3:3g that you want me to do to get the

ja:L l %: im;' credit ti'? c? i: the 4 uC: <; e has :."l l rr.^..',-3'. dy ? iiT "n i? c? 4

Atully 5ubrit€;ed

My-+^^^ iV %^ 4 54Jî- .. i f ' 3 rJ ^1'

Ct?EL.a..C^^ Ave

eldo, Ohio 43608

CC: John R. CC>3:`n`?ly

21 Middle St.Po V n Box 243

Galena, Ohio 4 30 21

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Toledo Correctional Institution2001 East Central Avenue

Toledo, OH 43608-5T7--^....__..

John Kasich, Governor www,dre.ohio.gov Gary Mohr, Director

January 31, 2013

Franklin County Court of Appeals

373 South High St: 16'" Floor

Columbus, Ohio 43215

Re: Michael W. Slager A579-334

Dear Sirs:

I Ms. Janowski, Case Manager for inmate Slager 579-334 did receive on October 5, 2012 a certified copy of the

Judgment Entry for case number07CR032358, This Judgment Entry stated that inmate Slager was entitled to 273 davs

of jail time credit. Our records show that he received 0 days of jail time credit on this case number. I emailed a letter to

the Bureau of Sentence Computation to correct this but the Bureau sent a letter back saying that he did receive it aiready.

Our records still say 0 days. Can you please check into this matter for him.

T. Ja wski`^ `Case 1anager

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5120-2-04 Reduction of minimum and maximux,i or definite sentence or statedprison term for jail time credit.

(A) The departm.ent of rehabilitation and correction shall reduce the minimum andmaxiniuin sentence, where applicable, the definite sentence or the stated prison terniof an offender by the total number of days that the offender was confined for anyreason arising out of the offense for which he was convicted and sentenced,including confinement in lieu of bail while awaiting trial, confineme;rt forexamination to determine his competence to stand trial or sanity, confinement in acommunity-based correctional facility and program or district community-basedcorrectional facility and program, where applicable, and confinement while awaitingtransportation to the place where he is to serve his seiltence.

(B) `I'he sentencing court determines the amount of time the offender served before beingsentenced. The court must make a factual determination of the number of days creditto which the offender is entitled by law and, if the offender iscofnmitted to a statecorrectional institution, forward a statement of the number of days of confinementwhich he is entitled by law to have credited. This information is required to beincluded within the journal entry imposing the sentence or stated prison tertn.

(C) When the sheriff delivers the offender to the department of rehabilitation andcorrection's reception center, he shall present the managing officer with a copy of thenffender's sentence, stated prison term or combination therec:f that specifies the totalnumber of days, if any, the offender was confined for any reason prior to convictionand sentence and a record of the days he was confined for the offense between thedate of sentencing and the date comnlitted to the receptioii center.

(I3) The number of days, if any, specified in the court's journal entry cornmittingtheoffender to the department is the court's finding of the number of days the offender isentitled to by law. up to and including the date ofthe journal entry. The record officeshall reduce the offeiider's minimum and maximum, definite sentence or statedprison terni by the number of days specified in the entry, plus the n.umber of days theoffender was confined as a result of the offense, between the date of the entry and thedate committed to the department, as reflected in the sheriffs record.

(E) If the court's jotirnal entry of sentence or stated prison term fails to specify that theoffender is entitled to any credit up to the date of sentencing, the record office shallreduce the sentence or stated prison term only by the number of days the sheriffreports the offender was confined between the date of the sentencing entry and thedate the offender was ccnnrnitted to the departnlent.

(F) If an offender is serving two or more sentences, stated prison terms or combinationthereof concurrently, the a.dult parole authority shall independently reduce eachsentence or stated prison term for the number of days confined for that offense.

`f^

Release of the offender shall bebased upon the longest defixute, minimum and/ormaximum sentence or stated prison term after reduction for jail time credit.

(G) If an offender is serving two or more sentences, stated prison terms or combinationthereof consecutively, the record office shall aggregate the sentences; stated prisonterms or combination thereof pursuant to rule 5120-2-03, 5120-2-031, or 5120-2-03of the Administrative Code. The department of rehabilitation and correction shall.reduce the aggregate definite sentence, aggregate stated prison term or aggregateminimum and aggregate maximum sentences or combination thereof, as determinedby rule 5120-02-03, 5120-2-031 or 5120-2-032 of the Administrative Code, by thetotal number of days the offender was confined for all of the offenses for which theconsect.rtive sentences, stated prison term or combination thereof were imposed.Generally, when consecutive sentences, stated prison terms or combination thereofare imposed bv multiple journal entries, the record office shall reduce the aggregatesentence, stated prison terms or combination thereof by the sum of the days specifiedin each of the journal entries plus the number of days the offender was confinedbetween the date of the last journal entry and the date committed to the institution.However, if any of the journal entries received on or after January 1, 1992,.indicatesthat any particular day of corrfinement has been reported on more than one journalentry, the aggregate sentence, stated prison terms or combinatioii thereof shall bereduced by one day for each day the offender was confined. If any of the jounlalentries received on or after January 1, 1992, indicates that any particuiar day ofconfinement has been reported n7ore than once, the rules set forth hereinaft.er shouldbe followed in deterrnining whether any particular day of confinement has beenreported more than once.

(1) When an offender receives consecutive sentences, stated prison terms orcombination thereof from different counties, both the sentences, and/or prisonterms and the jail time credit in eacli journal entry should be aggregated, unlessother wise indicated. However, the transport time shall not be aggregated foreach sentence and/or prison. term, but rather shall only be credited one time.

(2)Vvhen an offender receives consecutive sentences, stated prison tera.ns orcombination thereof from the same county, the sentences and/h>r stated prisonterm shall be aggregated, the transport time shall not be aggregated, and jail timecredit shall be determined in the following manner:

(a) If the number of days of jail lime credit given for each sentence and/or statedprison term is identical, do not aggregate the jail time credit, but rather, onlygive the credit one time, unless otherwise ordered or indicated in the journalentry. The sheriffs letter may be used to coiifirm duplicate dates ofconfinement.

(b) If the ntirnber of days of jail time credit for each sentence and/or statedprison term is .not identical, aggregate the credit in the following situations:

(i) The journal entry orders or indicates that the jail time credit shall beaggregated.

(ii) The dates of confinement are not indicated in the journal entry or thesheriffs letter and there is no indication whether any of the dates ofconf nemeilt are reported more than once.

(c) If the number of days of jail tinle credit for each sentence and/or statedprison term is not identical and the journal entry does not provide otherwise,do not aggregate the credit in the following situations:

(i) The dates of confinement are indicated in the journal entry or thesheriffs letter and some or all of the dates are reported more than once.In such situations, the aggregate sentence, stated prison term orcombination thereof shall be reduced by only one day for each day theotfender was confined as indicated by the dates.

(ii) The journal entry orders or indicates that the jail time credit shall not beaggregated. In such sittiations, the aggregate sentence, stated prisonterm or combination thereof shall be reduced by the longest singleaniount of jail time credit ordered.

(3) When an offender goes out to court and receives an additional sentence, and/orstated prison term to run consecutive to his current sentetlce, stated. prison termsor combination thereof, the sentences and/or stated prison ternis shall beaggregated, but the offender shall not be given jail time credit for the period oftime he was absent with leave (AWL) on the additional charges.

(H) The record office shall not reduce a seiitence, stated prison term or combinationthereof for jail time credit except in accordance with this i-ule. A party questioningeither the nunlber of days contained in the jotirnal entry or the record of the sheriffshall be instructed to address his concerns to the court or sheriff. Unless the courtissues an entry modifying the amount of jail time credit or the sheriff sei-ids theinstitution corrected information about time confined awaiting transport, no changewill be made.

(1) If an offender receives a sentence, or stated prison term to this department consecutiveto or concurrent with a sentence in an institution in another state or a federalinstitution, no action will be taken towards considering him for parole or otherwiseterminating his sentence, or stated prison term until the offender is physicallycommitted to the custody of this department. At that time, the offender's minimumand rnaximurn, definite sentence or stated prison term shall be reduced pursuant tothis rule by the total number of days confined for the crime as certified by the coui-tand the sheriff.

Effective: 04/10/2003

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R.C. 119.032 review dates: 01/10/2003 and 01/12/2008CertificationDatePromulgated Under: 111.1.5Statutory Authority: 5120.01Rule Amplifies: 2967.191Prior Effective Dates: 11/12/75, 1/20/80, 8,/1/80,1/16/84, 11/30/87 (Emer.),2/29/88, 7/1 /93, 3/13/98.

(7 ^

2967.191 Reduction of prison term or parole eligibility date forrelated days of confinement.

The department of rehabilitation and correction shall reduce the stated prison term of a prisoner or, if the

prisoner is serving a term for which there is parole eligibility, the minimum and maximum term or the parole

eligibility date of the prisoner by the total number of days that the prisoner was confined for any reason arising

out of the offense for which the prisoner was convicted and sentenced, including confinement in lieu of bail while

awaiting trial, confinement for examination to determine the prisoner's competence to stand trial or sanity, and

confinement while awaiting transportation to the place where the prisoner is to serve the prisoner's prison term.

Effective Date: 03-17-1998

27 0

tcaicil;.g court or by theu 2967,28 of the hevised,e follov<ring iipply.o lemanl in tlie. offela ler's;s for the specified period^ds of tilne dtusna which)lace of employment orattruc sentencing court or by

to report periodicall, v to ao;' Parolc hgltrd.any odu:h restrictions arxlaosed i y the sentcncinf;

11 tiii)n t ue:,trls 1 1 E qnire-

hewi i f coutact with athe paroIe ho:u-d

,f tlle Revised C;ode, toie (TtfenCier is seelCtilo or

nent and pluticirmltiug intlt paiO;;rauns asrequired ii-!del'. "llltt nsiC'(, probation

pu-o:c superv'isio . cir dtpelvisioll.flocrse-, nn iln-lum scc:arity

US(.( t(lt thecClnfIilt.l"n8nt

s that is operated Iiy tllatioil (if political sttkdivi-

n11 T.latlth7tascnrLîllh.

1 to iiiipv e hursliûlt tolf the Revised Code orof tile hc\ sed C ocicr thatn icdeile 1 or coll ictiou.u,s dx tci.nl in a lail that

I to imllose hcn,utlnt to)9 of ti2e lse«scdCoc',c;il +.li,^s cn (1 n t,^ oi eectiiaii

dl^ srou Isi u{ section

ot' divis on ;C', of sectio q

ol. 71t25,t:1i)i tp aS ;,{her

1at r(a171ireS atel7n n a jiUl

tl)C' stllne IIIF'1lì n,^ il:bi11

Ccd..

t' .11 i6nIs « al)olt that i_

or. l,i' `h:- (zarole l:,oas-dtlci F,es-tsPd C;ode, totheol hclicw, t)lt is•ned am)t a hr.mase or pernut to do,i),cr{;es tliit di"orfenel.ercf guilty to a:l offc nsr_' that

rde>r wliic?ti the offeuc(e'sar herlllit to dn husirjass inrlse fc,i'wiiieh t1iE offOnd-

se or pe>r:rlit to clo busirlesssnslic-nde cl

mr l.ls tiu c f;'endel tIln is,the po;sessi ,n cif, sal-e of,

,c-,d, nlfstm2', pIenEuzitirn,or coni uns aa lcast oneht one lnll]Clle,d nnrs of

f\(, 1(t1n^ E j LlT.lt lr)st.^, or

o^n, atI,..si liwthollsandlch-cd ;ri ms of L.S.ll, iii al"t, pr liyi•ld clistillate foini;

271 PE\Ai;f.'ll',S ANT) S-LNTEiV-'CI':VG § 2929.01

it ieilst fifty 7ralns of a controlled sulastarlce analog; or at (2) '11 e person previcnlslv was convicted of or pleadedleast oue. };i.ludred ti.ines the ati.ount of any other sc>Iredule giult;^ to an offctisc described in div:sion(i:;G)(1)(a) or (b)I or If controlled substance othel- than inarihu.ina that is of this sec,tion.llecessaly to coilmitlt felonv of the thircl de^;rec Innsualit (1)L?) `SLulctiori' means any penalty intpc;sed upon anto seotioi-1 2925 03, 2925:04, 2925,05, or 2925-}.l of the offender who is convirted of ar pleads guilty to atl offense,}levised Code that is based oii the possession of, sale of, or as punishment fo1- t1ie offense. "Sanction" inehides anyoffer to sell tlte ccmtl-ollcd suh5tdnce. sarustion inthosed 1>ursutmt tcl <uly provision of scctions

(X) "lvlandluoty prisqu term° mc iiiw zlny of the follom- 2929.14 to 2920.1b or 2929:24 to 2929.2S of the Rcrisedirl°: Code.

(1) Snbject to diuisinn (X)(2) of this section, tiie terllr in (ETJ') "Sr r;tel:re" means the sanetion cir icinibintction ofprison tErat rriust be imposed for the offen,es or circum- sscictions imposed by the sentcncirw court on an offa'ndei-,tamces set fnrth in divisions W (1; to (S) or (i )(12) to (18) who is convicted ofoA' pleads guilty to an offenbe.of sectio,s 292913and c{ivisiolt (B) of section 2929.14 of (FF) "Stated prison term" uieans the priscrn tertn,

thc 13cv2sec( Code. Except ls prtivictr 1in sc-ctlons 2925.02, llr.indlrtol- prison ternu. orco rllzinatiorl of a11 piisol, terms

2920.033925:042_925.00, and wJ25.11 qf tllr- lievised andmandatory pr-ison te,-lns imposeel by the seiitezcing

(:ode; tuliess th" nlarin'i;.lm or zlno_iler specific terln is c:olirt pru'stlaat to .sc.c tion 2929 1-1, 2939.142, ol- 2971 , 03 ofreqnired iinder,ecti<in 2929.1.4 rn2929.142 of tiie klessisecf thC ReMsed Godeor ulzder .sr,ction?`:)19.25 of tl c Revised

Code, a lnandat aly lnison term dc>scrihed irithis division C odr. "Stctt,;dptisc2 teini" includes ris y credit received bymav Lie any prisol term ailthorized for the level ot oflense, the ofEender for tiine spetit in jtiil awaiting trial, sentenc-

(?) Tilc, tel:n of sixty or one }nu.di-ed tw<ntqda}'s in ing ortrtcllsfcrtoprisonfortheoftensz ,tiid<nivtnne;hlait

prison that a sentcncing cou1-t is required to impose for a under hocisc-arre,sior llouse al re:st wath c.lectrollie inorli-

t(tircl or focutl:, dr gree èlorlv t7Y [ offen:se plnsilclnt to toliul, nllposed after eainingereclits liursuanf to seetion&vTsion (C;)(2) of section 2929.13and division (G)(1)(tI,) or 2967-1.93 of tlle Res ised Ctaclr-. If alloffeider is sersitlg a

((e) of seetion 457. 1.19 tif tlle Revised C:ode or tlae te rn of pr'laoli terln as al ]lsk reduc•tion seutenoe ilndc 1 sections

ol:e, two, threc f0ul; nr five ycars in hilson th;lt a 2929.143 ind 5120.036 of tlle lleNîsed G'ode, "stated

S(.11t1'.11/ ig Coln-t is le(llnrt'd tn ll111517ti£ 1 1k)'SL(£11Lt tOC11^1S7011 p3i8on tt,n]f" n'lelUfli': anY' pC'1'lo(I of tt17le bv 1Vlllell the

(C ",;?) of section 2929.h3 of Che 1'<cv,sed Coc2e., prisiml teriii i111posedupon the offende.r is shortetletl bv(3) Tbeterrn tn prisonimposed pnrsuault to divisicrt (A) the offelldc;r s suecessful colnliletion of adl ,issessl=rcut rtnd

of section ?971.03o£ the Rcrised Code for tize of+enses t_eatnicnt ol pcogiamming ptlrsuenrt to tlaose sections.^lrrd iu Nli circnr stanc-es dcscribe ; in diiis•on (F')(11) of(GG) ``Vichn-i-vftellder lneditttion" uzeans ,1 re oncilia-sc.etion 292913 of the Revised C.cide orpui:sn:uit to tlt.n or mediatiorl lili)„iani that iivolve.s an offender alnddnision (B1'1){c.0; f)i, qi (c), (13)(2)( a), (i)); or (e), or the ta tiru of tlî_ offense colulilitterl b the offe3 der actdl' (:ii( t) h) (c or (d) o soetion 291 0:1 of the Re^ri.sed tll ttil.clnrlc's cr mect+n<r n; whica tlu ofien.de.l :ntcl tlie>

Cotie and tllat term as lnodiaed or tcimizaated ptu:sllnnt to tnetim uaav 1-sctiss tl.e o1fense: cliscllvs _e.stit.ttlcri, andsecticnl 297 i,0,7 of tlltI 13c,,iseci Gotle, conside.r otlrcr sanctions fcn-tlle oflense.

(7i ' 12 iuitoiCd rilne" ine.rns a period of tilne during 1TT-I) "Fourdi degree Ii.loaiv C)VI off'etso" metms ara'hicdl aul offeutler colitirliies to be nnc.er ihe control rif the ^-iolation of division .>s) of section 4511.19 of the Revised

u o,trt r 1. al olc l,n 1rdL st:N;t?ct to no conclii on: .; odc th _it. tntlc,icL, is o i(CS) c f'T!zat sc ctroil, is lt f'elony ofc,tncr ihan lc,lding a la-,v-alydu:, life., ti.c !_z.tll c!c,lae.

G) Clffeiidei ' rliean:s a per,son wlro; in tliis st<lte, is cM "Mznrc{atol}rterm of local. incarcr ration" ilieiliis thec,lriicb ci of tir p[eadti(ririlty to cc felo -ly or,unlsacmeanor, tel'ni of siv.Y or or.c hnrldreCl hwentt d<rVs in a j<iil, ,.

!A;1) P son" ineni.s a lesidential ,cility used for the conlliiunity 13ased correctional facility, t hatf.yrry ]iouse, orcr.,lfinenrnt of eol.v ct-ed felonv offclide-s tllat is under an <rl.terlaztve, re:sidr l,tlal fa.e;11h,tI1<lt a sentencirl,', cotu-tthe control oftLc dt;l>.Tl-t7nentof refidiiLtatlo>> ancl cor znily iu7post- rApon a persozi wlio is convicted of or pleadr;tr ction but does not inc[udc a viol,ltior,i salll t.on center gu lty to tl foar-t6 cIt ?,ic.e felonv OVI offense purstlala toci )erated under auihol3ty of section 2967.141 o;tliedivzsiou',G ;1) o£section 2929.13 4the T3evisedE,ode andROvised C,ode- division (Cl'(l)'.`di or (e)' of section A511.19 of tireRevised

(B.L' )Piison tt is." includes cithcr of tli fo torAin, Code.

sanctions foi- an t feilder: p ')J) Des^,natedhoinlcide ssaullt or kldnap iil g; of-(1) A stat(d pl lsorr texin; fersc violeni sex offel se ," sc ua1 lnotnation specifica-t2) z>. terln in a prison sllortene.d liy, or witli the tion," "SeYuadly viole.rt offe.ise, "sexuatlvviolelzt pre.da-

il pi-oval of, the sentencvlQ court pursuant to :ection tor," and `sexually viciir:nt predatar spe.ct£ication' have the2929.143 292c).20, 2967 ?6, 5120.04:, 5120.(ly?, or saule nloarnugs as in sec5o17 2971.01 oftl.ie Ptvised Ccacle.^l 20.Oi s of the. Il+:v'sed. Code. (K?i' "Sestlil[lv oriented of<<-n,e," "c•hild-Actlitl ctt'i-

{:C;;'Repezlt viol::mt offer.lder" rneans a person about entr;d offen^;e, <rnd "tier Tll ses offericemlclnlrl-vic:tiri-1J nm both of t1ic f.ihow z1g l^pJy: o{}( ,mder" liati e the sarne lneaa-lntgs as in section 2950.01 of:1) The per;ul is be.iligserterroed tcr coli:n„h.,.ri or fo: tlhRcvised Corae.

c>n plicltv itl connnltirngarlytif thc loiloki^-iig: (LL) s1n nffense is "r r^l,rmfttc,d in the vicinitvof a cfiild"( i' .1 ,r;i lv cted mtnder, 1, ut der; an teloriS of the t tst ;f _he offi:nd r e,ol-lnut.s tlrc, ;lifeu.se within thirty +'r:.et of or

ecour. deIYrr;c that is Ltn offense of iriolerice, or an withiu the sa:7ae residenfial unit as a child wla.o io-' under,Îtt-",rupf to vol;nlnit anv of ihcse offe 1ses if tbe utterupt is Yigliteon yeirs of agc. regtu-d4es.s of 'w3;eth€r theoffeudet

t t ; f che ftl st or secnnri dr-^zec> 'uôws the .r;c, of tlie cllild or ss Lether the of"f'cr.dc 1 lrucsws1 ) An oif me nricaer<u, exl. tln;t; or fornlcl law of tlais the offr il,;e i s (ieiilg coniroittc1 irnthin thn-tv fr e of n

s+ il , ullot cl .statt,, or the Lnrted States tl rt is or wr,s nntlnr, tl're s lnc lcsiclolitial tulnt as the cltitd ancl l ey,tirdlessulis:antt IIL..lnri.,ilent to an offe>nsr clesciii7ed in division of svhethertle chil(l actueiElv,z;ews tlie couzmission of the

,l) r3f, this section, offerlse.

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