The time served credit does NOT count towards judicial release. He would have to serve the entire 2 year spec and then would start his 3 year non-mandatory sentence. He would most likely then be eliglbe in six months. He would have to be actually in prison for 2-1/2 years before he can file. Judicial release is a tough situation and requires a good attorney who knows what they are doing. Good luck.
Ohio Criminal Defense
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