COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 69957 : ACCELERATED DOCKET S/O, CITY OF ROCKY RIVER : : JOURNAL ENTRY Plaintiff-Appellee : : and -vs- : : OPINION : CAROLINE N. HEIDER : PER CURIAM : Defendant-Appellant : : DATE OF ANNOUNCEMENT JULY 11, 1996 OF DECISION: CHARACTER OF PROCEEDING: Criminal appeal from Rocky River Municipal Court Case No. 95 TRD 2297 JUDGMENT: Remanded. DATE OF JOURNALIZATION: __________________________ APPEARANCES: For Plaintiff-Appellee: For Defendant-Appellant: GARY A. HOTZ, ESQ. THOMAS S. HUDSON, ESQ. 24650 Center Ridge Road 1700 Terminal Tower Suite 210 Cleveland, Ohio 44113 Westlake, Ohio 44145 -2- PER CURIAM: Defendant-appellant, Caroline Heider, appeals an irregularity in the transmission of her record to the jailer. She assigns the following error for our review: THE TRIAL COURT ERRED IN FAILING TO SPECIFY IN THE RECORD OF APPELLANT'S CONVICTION THE NUMBER OF DAYS OF PREVIOUS CONFINEMENT ARISING OUT OF THE OFFENSE AS REQUIRED BY R.C. 2949.08(B). Having reviewed the record of the proceeding and the legal arguments presented by the parties, we agree with Heider and remand this case to the trial court for an order consistent with this opinion. The apposite facts follow. Heider was sentenced to 180 days in jail for driving under suspension, a traffic violation. Heider initially served 6 days under house arrest which was from 6/14/95 to 6/20/95; thereafter, she served 55 days in jail, which was from 6/20/95 to 8/14/95. The total time served was 61 days, which left 119 days for Heider to serve. When the trial court transmitted its traffic docket to the jailer, it showed 61 days suspended and 119 days to be served. Both the prosecutor and the defense acknowledge this information appeared on the docket sheet. Additionally, they agree Heider actually served 61 days and no time was suspended. Consequently, Heider argues the traffic docket form does not adequately inform the jailer of her status. The jailer could reasonably conclude the 61 days suspended are to be reinstated and -3- served, rather than credited to her as time served. We agree with Heider's conclusion. Since the record shows Heider served 61 days, she should be credited with that time. Thus, the trial court should submit information to the jailer consistent with its files and this opinion. Case remanded. -4- This case is remanded to the trial court. It is, therefore, considered that said Appellant recover of said Appellee her costs herein. It is ordered that a special mandate be sent to said court to carry this judgment into execution. A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure. JAMES D. SWEENEY, PRESIDING JUDGE PATRICIA ANN BLACKMON, JUDGE TIMOTHY E. MCMONAGLE, JUDGE N.B. This entry is made pursuant to the third sentence of Rule 22(D), Ohio Rules of Appellate Procedure. This is an announcement of decision (see Rule 26). Ten (10) days from the date hereof this document will be stamped to indicate journaliza- .