[Cite as State v. Field, 2016-Ohio-5885.]

IN THE COURT OF APPEALS 

ELEVENTH APPELLATE DISTRICT 

GEAUGA COUNTY, OHIO 

STATE OF OHIO, : MEMORANDUM OPINION 

 Plaintiff-Appellee, : 

 CASE NO. 2016-G-0066

 - vs - : 

DALE P. FIELD JR., : 

 Defendant-Appellant. : 

Criminal Appeal from the Geauga County Court of Common Pleas, Case No. 

10C000087. 

Judgment: Appeal dismissed. 

James R. Flaiz, Geauga County Prosecutor, and Nicholas A. Burling, Assistant 

Prosecuting Attorney, Courthouse Annex, 231 Main Street, Suite 3A, Chardon, OH 

44024 (For Plaintiff-Appellee). 

Dale P. Field, Jr., pro se, 451 West Wilford Street, Grafton, WV 26354 (DefendantAppellant). 

THOMAS R. WRIGHT, J. 

{¶1} Appellee, State of Ohio, moves to dismiss appellant’s appeal from the trial 

court’s decision denying appellant’s motions for jail time credit on two grounds. First, 

appellee argues that the trial court lacked jurisdiction and, therefore, this appeal should 

be dismissed. This court’s jurisdiction is not determined by whether the trial court had 

jurisdiction. The trial court decided the merits of the motions for jail time credit, and as 

such, the ruling affects a substantial right rendered in a special proceeding and is 
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appealable. R.C. 2505.02(B)(2). State v. Thompson, __ Ohio St. ___, 2016-Ohio-2769, 

¶13. Accordingly, this argument is overruled. Moreover, it is seemingly illogical to 

assert that an appellate court would lack jurisdiction to review a trial court’s decision 

merely because the trial court lacked jurisdiction. This would lead to an absurd result as 

it would leave the arguably void decision in full force. 

{¶2} The State of Ohio also moves to dismiss because the issue on appeal, 

i.e., jail time credit, is moot as appellant has fully served his sentence and was recently 

released from prison. 

{¶3} Appellant does not challenge that he has served his sentence and been 

released from prison. Instead, he argues that he remains under post-release control 

and is subject to additional prison time should he violate terms. Thus, he argues jail 

time credit is not moot since his liberty is still at stake pending completion of postrelease control. 

{¶4} Generally, “once a defendant has served his sentence and has been 

released from prison, * * * any error related to the calculation of his jail-time credit is 

moot[,]” State v. Feagin, 6th Dist. Huron No. H-12-014, 2013-Ohio-1837, ¶4, citing 

State ex rel. Gordon v. Murphy, 112 Ohio St.3d 329, 2006-Ohio-6572, 859 N.E.2d 928, 

because “there is no further ongoing or future penalty from which this court can grant 

relief.” City of Cleveland v. Pavlick, 8th Dist. Cuyahoga No. 91232, 2008-Ohio-6164, 

¶6. Jail time credit issues concern the length of the sentence, and not the underlying 

conviction, and as such, there is no collateral disability. Feagin, supra. 
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{¶5} Here, Field is not challenging the length of his underlying sentence. 

Instead, he disputes the length of the possible term of imprisonment if he violates postrelease control. 

{¶6} If appellant violates his post-release control sanctions, and the trial court 

imposes prison as a result, then it should consider this issue at that time. State v. 

Franklin, 2nd Dist. Montgomery No. 25677, 2013-Ohio-5164, ¶15 (holding no 

meaningful remedy at this juncture, and explaining that if appellant violates community 

control sanctions, the trial court should consider the issue of jail time credit during 

sentencing for the violation); State v. Jirousek, 11th Dist. Geauga No. 2014-G-3192, 

2015-Ohio-949, ¶48 (Cannon, P.J. concurring) (agreeing with the majority, but writing 

separately to note that the issue was moot). 

{¶7} Accordingly, the state’s motion to dismiss is granted as the sole issue on 

appeal is moot. 

CYNTHIA WESTCOTT RICE, P.J., 

DIANE V. GRENDELL J., 

concur.