[Cite as State v. Blackstone, 2017-Ohio-4392.]

STATE OF OHIO, NOBLE COUNTY 

IN THE COURT OF APPEALS 

SEVENTH DISTRICT 

STATE OF OHIO 

 PLAINTIFF-APPELLEE 

VS. 

DANIEL M. BLACKSTONE 

 DEFENDANT-APPELLANT 

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CASE NO. 16 NO 0437 

OPINION 

CHARACTER OF PROCEEDINGS: Criminal Appeal from the Court of 

Common Pleas of Noble County, Ohio 

Case No. 215-2031 

JUDGMENT: Affirmed in part; reversed in part and 

remanded. 

APPEARANCES: 

For Plaintiff-Appellee Attorney Kelly Riddle 

Noble County Prosecutor 

150 Courthouse 

Caldwell, Ohio 43724 

For Defendant-Appellant Attorney George Cosenza 

1130 Market Street 

P.O. Box 4 

Parkersburg, West Virginia 26102 

JUDGES: 

Hon. Mary DeGenaro 

Hon. Gene Donofrio 

Hon. Cheryl L. Waite 

 

 

 Dated: June 19, 2017 
[Cite as State v. Blackstone, 2017-Ohio-4392.]

DeGENARO, J. 

{¶1} Defendant-Appellant, Daniel M. Blackstone, appeals the trial court's 

judgment denying his request for jail time credit. As Blackstone's assigned error is 

meritless, the judgment of the trial court is affirmed in part. However, as our review of 

the assigned error revealed that the trial court failed to make the statutorily required 

findings regarding consecutive sentences, the case is reversed and remanded in part 

to make those findings. 

{¶2} Blackstone was indicted in Noble County for aggravated burglary, 

kidnapping and passing bad checks. After he was arraigned and pled not guilty, the 

trial court did not set a bond noting that it "would be academic in nature" because 

Blackstone was then serving a prison sentence imposed in Monroe County. 

{¶3} Blackstone later pled guilty to aggravated burglary, R.C. 2911.11(A)(2), 

a first-degree felony, and passing bad checks, R.C. 2913.11(B), a first-degree 

misdemeanor. At sentencing Blackstone asked the court to adopt the recommended 

four-year sentence but that it be served concurrently with the sentence he was 

serving from Monroe County. The trial court sentenced Blackstone to four years for 

aggravated burglary and 180 days for passing bad checks to be served concurrently 

to each other. The trial court ordered the Noble County sentence be served 

consecutively to the Monroe County felony sentence; however, no findings were 

made at the hearing or in the judgment entry. 

{¶4} In his sole assignment of error, Blackstone asserts: 

The Trial Court erred by failing to grant the Defendant credit for the time 

he was incarcerated after his arraignment in the Common Pleas Court 

of Noble County, Ohio on Charges of Aggravated Burglary, Kidnapping 

and Passing Bad Checks in Case No. 215-2031. 

{¶5} An appellate court is permitted to review a felony sentence to determine 

if it is contrary to law. State v. Marcum, 146 Ohio St.3d. 516, 2016–Ohio–1002, 59 

N.E.3d 1231, ¶ 23. Further, "an appellate court may vacate or modify any sentence 

that is not clearly and convincingly contrary to law only if the appellate court finds by 
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clear and convincing evidence that the record does not support the sentence." Id.

{¶6} An offender is not entitled to jail-time credit for any period of 

incarceration that arose from facts that are separate and apart from those on which 

his current sentence is based. R.C. 2967.191, State v. Mason, 7th Dist. No. 10 CO 

20, 2011–Ohio–3167, ¶ 16. "[A] defendant is not entitled to jail-time credit for time 

incarcerated in another county for unrelated offenses." State v. Daughenbaugh, 3d 

Dist. No. 16–09–05, 2009–Ohio–3823, ¶ 19. There is no jail-time credit for time 

served on unrelated offenses, even if that time served runs concurrently during the 

pre-detention phase of another matter. State v. Cook, 7th Dist. No. 00CA184, 2002–

Ohio–7170, ¶ 17. 

{¶7} As Blackstone was serving a prison term for a felony conviction in 

Monroe County, he is not entitled to jail time credit from the date on his arraignment 

in this case. Thus, the trial court did not err in refusing to grant Blackstone jail time 

credit, and his assignment of error is meritless. 

{¶8} However, our review of the record revealed an error Blackstone did not 

raise on appeal or in the trial court: the imposition of consecutive sentences. There is 

a statutory presumption that where a defendant is already serving a felony sentence 

imposed by an Ohio court, a subsequent felony sentence is served concurrently. 

R.C. 2929.41(A). That presumption can be overcome if consecutive sentencing 

findings are made. Id., citing R.C. 2929.14(C). "[C]onsecutive sentence findings are 

required where a sentence is imposed consecutively to a prior sentence." State v. 

Hudson, 7th Dist. No. 15 MA 0134, 2017-Ohio-645, ¶ 44. 

{¶9} When imposing the Noble County sentence consecutive to Blackstone's 

sentence from Monroe County, the trial court failed to make the findings as required 

by R.C. 2929.41 and R.C. 2929.14(C) at both the sentencing hearing and in the 

judgment entry. State v. Bonnell, 140 Ohio St.3d 209, 2014-Ohio-3177, 16 N.E.3d 

659, ¶ 29, 37. 

{¶10} Accordingly, the judgment of the trial court is affirmed in part and 

reversed in part regarding the imposition of consecutive sentences, and the matter 
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remanded for the limited purpose to make those findings. 

Donofrio, J., concurs. 

Waite, J., concurs.