[Cite as State v. Quinteros, 2017-Ohio-8825.]

COURT OF APPEALS 

HOLMES COUNTY, OHIO 

FIFTH APPELLATE DISTRICT 

STATE OF OHIO 

 Plaintiff-Appellee 

-vsWILBUR E. QUINTEROS 

 Defendant-Appellant 

JUDGES: 

Hon. Patricia A. Delaney, P.J. 

Hon. W. Scott Gwin, J. 

Hon. William B. Hoffman, J. 

Case No. 17CA002 

O P I N I O N 

CHARACTER OF PROCEEDING: Appeal from the Holmes County Common 

Pleas Court, Case No. 16CR056 

JUDGMENT: Reversed and Remanded 

DATE OF JUDGMENT ENTRY: December 1, 2017 

APPEARANCES: 

For Plaintiff-Appellee For Defendant-Appellant 

SEAN M. WARNER TODD E. CHEEK 

Prosecuting Attorney Todd E. Cheek Law Offices, LLC 

Holmes County, Ohio 111 S. Buckeye St., Ste 235 

164 E. Jackson Street Wooster, Ohio 44691 

Millersburg, Ohio 44654 
Holmes County, Case No. 17CA002 2

Hoffman, J. 

{¶1} Defendant-appellant Wilbur Quinteros1 appeals the December 23, 2016 

Journal Entry entered by the Holmes County Court of Common Pleas, which found him 

guilty of one count of aggravated menacing, in violation of R.C. 2903.21(A) and (B), and 

sentenced him to a six month period of incarceration with fifteen (15) days credit for jail 

time served. Appellant also appeals the January 31, 2017 Journal Entry, which credited 

him an additional eleven (11) days against his sentence for a total of twenty-six (26) days 

of jail time credit. Plaintiff-appellee is the state of Ohio. 

STATEMENT OF THE CASE2

{¶2} On August 19, 2016, a complaint was filed in the Holmes County Municipal 

Court, charging Appellant with one count of aggravated menacing, in violation of R.C. 

2903.21(A) and (B). Appellant was arrested on August 22, 2016, and remained 

incarcerated until September 2, 2016, when he posted bond. After waiving his right to a 

preliminary hearing, Appellant was bound over to the Holmes County Court of Common 

Pleas. On September 19, 2016, the Holmes County Grand Jury indicted Appellant on one 

count of aggravated menacing, in violation of R.C. 2903.21(A) and (B), a felony of the fifth 

degree. Appellant appeared before the trial court for arraignment on September 27, 2016, 

and entered a plea of not guilty to the Indictment. 

 

1 Appellant’s first name is spelled “W- I-L-B-U-R” on the majority of the documents filed in 

the proceedings below. However, Appellant spelled his name “W-I-L-B-E-R” on the 

Affidavit of Indigency. 

2 A Statement of the Facts underlying this matter is not necessary for our disposition of 

this appeal.
Holmes County, Case No. 17CA002 3

{¶3} Appellant’s bond was revoked on November 2, 2016, after he tested 

positive for marijuana. The trial court issued a warrant for his arrest. Appellant was 

arrested on November 7, 2016. On November 15, 2016, the Holmes County Municipal 

Court sentenced Appellant on a probation violation in an unrelated matter. The sentence 

on the probation violation expired on December 7, 2016, but Appellant remained 

incarcerated on the instant charge until December 23, 2016. 

{¶4} On December 22, 2016, Appellant appeared before the trial court and 

entered a plea of guilty to one count of aggravated menacing, a misdemeanor of the first 

degree. The trial court found Appellant guilty and sentenced him to a period of six months 

in county jail. The trial court credited Appellant with 15 days for time served. The trial court 

memorialized Appellant’s conviction and sentence via Journal Entry filed December 23, 

2016. 

{¶5} On January 3, 2017, Appellant filed a Motion for Hearing and Increase of 

Jail Time Credit, asserting he was entitled to 58 days of jail time credit. Appellee filed a 

memorandum in opposition in which it maintained Appellant was only entitled to 23 days 

of jail time credit. Via Journal Entry filed January 31, 2017, the trial court granted 

Appellant an additional 11 days of jail time credit, for a total of 26 days. 

{¶6} Appellant filed a motion for stay on March 2, 2017, requesting the trial court 

stay the remaining 32 days of his sentence. On the same day, Appellant filed a motion 

for leave to appeal, which this Court granted. The trial court did not rule on Appellant’s 

motion for stay. 

{¶7} It is from the December 23, 2016, and January 31, 2017 Journal Entries 

Appellant appeals, raising the following as error: 
Holmes County, Case No. 17CA002 4

{¶8} THE TRIAL COURT’S CALCULATION OF CREDIT FOR TIME SERVED 

IS CONTRARY TO LAW. 

I 

{¶9} Initially, we note the trial court sentenced Appellant to a period of 

incarceration of six months, commencing December 23, 2016. Although Appellant 

requested a stay, the trial court never ruled on his motion. Appellant did not request a 

stay with this Court. It appears Appellant has served his entire sentence; therefore, any 

error in the trial court’s calculation of his jail time credit is moot. Nonetheless, in the 

interest of justice, we will address Appellant’s sole assignment of error. 

{¶10} Appellant asserts the trial court erred in calculating his jail time credit. 

Specifically, Appellant argues he was entitled to a total of 58 days of jail time credit rather 

than the 26 days determined by the trial court. We agree, in part. 

{¶11} R.C. 2967.191 governs the issue of jail time credit, and provides a prisoner 

shall receive jail-time credit for “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.” (Emphasis added.) 

{¶12} As thoroughly analyzed by this Court in State v. Marini, 5th Dist. 

Tuscarawas No. 09–CA–6, 2009–Ohio–4633, ¶ 16, “Ohio courts have repeatedly 

recognized that time spent serving a jail sentence in another case will not be credited 

toward another felony case, even if the felony was pending at the time of the service of 

the jail sentence.” 

{¶13} In Marini, this Court stated: 
Holmes County, Case No. 17CA002 5

 The case law confirms that the felony offense of conviction must be 

a legal cause for the defendant's prior confinement in order for that 

confinement to be creditable. As the Tenth District Court of Appeals stated 

in State v. Smith (1992), 71 Ohio App.3d 302, 304, 593 N.E.2d 402, “R.C. 

2967.191 requires that jail credit be given only for the time the prisoner was 

confined for any reason arising out of the offense for which he was 

convicted and sentenced. It does not entitle a defendant to jail-time credit 

for any period of incarceration which arose from facts which are separate 

and apart from those on which his current sentence is based.” Id. at ¶ 5. 

{¶14} As the statutes and case law indicate, Appellant cannot receive jail time 

credit in this case for his confinement on the probation violation in a different matter. Each 

sentence arose out of unrelated cases. “The language of R.C. 2967.191 does not allow 

the convicted person to turn his confinement for various convictions into a ‘bank’ of jail 

time that he ‘withdraw’ as needed for pending felony offenses.” Id. at ¶ 22. 

{¶15} The trial court gave Appellant jail time credit for the 26 days he was 

incarcerated in the Holmes County Jail prior to entering his plea. Appellant was not 

entitled to credit for the period between November 15, 2016, and December 7, 2016, 

during which he was serving his sentence on an unrelated probation violation. 

{¶16} In its brief to this Court, the state of Ohio offered the following calculation of 

jail time credit: 

 
Holmes County, Case No. 17CA002 6

 Defendant is entitled to 12 days credit for his incarceration on this 

case from August 22, 2016 until he posted bond on September 2, 2016. 

Defendant’s bond was revoked in this case and he jailed again on 

November 7, 2016. He remained jailed on this case until November 15, 

2016 when he was sentenced on a probation violation in Holmes County 

Municipal Court. Defendant is entitled to 9 days credit for the November 

period. Defendant was released from his municipal court sentence on 

December 7, 2017 but remained jailed on this case until December 23, 2016 

when he was sentenced to six months in the county jail. This period spans 

17 days. Therefore, Defendant is entitled to 38 days credit for the periods 

of 12 and 9 and 17 days when he was jailed for the offense for which he is 

being sentenced in this case. 

 

{¶17} Upon review, we agree with the jail time credit calculation proffered by the 

state of Ohio. We find Appellant is entitled to 38 days of jail time credit. 

{¶18} Appellant's sole Assignment of Error is sustained. 
Holmes County, Case No. 17CA002 7

{¶19} The judgment of the Holmes County Court of Common Pleas is reversed. 

By: Hoffman, J. 

Delaney, P.J. and 

Gwin, J. concur