Appellant appeals the consecutive sentence imposed in the instant case. The record indicates that the consecutive sentence was warranted for a variety of reasons, including the seriousness of the crime and to deter future crime. Appellant also questions why the two sentences were not merged as allied offenses of similar import, but the crimes were committed against two different police officers. Therefore, they warranted separate punishments. Appellant further contends that he should have been given jail-time credit in this case while being held in the jail on the murder charge. A criminal defendant is not entitled to jail-time credit for confinement arising from another offense. Appellant was held in jail on a murder charge and is not entitled to any jail-time credit in this case. Finally, Appellant offered a pro se assignment of error arguing that the admission of a videotape of a subsequent incident between Appellant and corrections officers violated the rules of evidence. The videotape was admitted at the sentencing hearing. Appellant's own attorney acknowledges that the rules of evidence do not apply at sentencing and that there is no error. The judgment of the trial court is affirmed.
On March 19, 2010, Appellant was returned to the Columbiana County Jail to be retried for the murder of Emily Foreman in Case No. 2006-CR-303. On July 13, 2010, he assaulted Sergeant Jared Kinemond and spit on Lieutenant Pete Neiheisel while he was being held in jail. The two officers are employed by the jail. On July 21, 2010, Appellant was indicted on one count of assault, R.C. 2903.13(A), a fifth-degree felony, and one count of harassment with a bodily substance, R.C. 2921.38(A), also a fifth-degree felony. The matter was designated as Case No. 2010-CR-171.
Judge(s): Cheryl L. Waite
Jurisdiction: Ohio Court of Appeals, District 7
|Court of Appeals Judge(s)|
|Appellant Lawyer(s)||Appellant Law Firm(s)|
|Douglas King||Hartford Dickey & King Co LPA|
|Appellee Lawyer(s)||Appellee Law Firm(s)|
|Robert Herron||Office of the Columbiana County Prosecutor|
|Ryan Weikart||Office of the Columbiana County Prosecutor|