State v. Brandon, 2013 Ohio 1740

Brandon was indicted in 2007 on gross sexual imposition (felony of the third degree) and attempted rape with a subsequent attempted child rape specification.
He pleaded guilty to gross sexual imposition; the court nolled the remaining count and its specification.
Brandon later moved to vacate his guilty plea; a hearing was held but disclosure issues and extradition occurred after a Nevada arrest.
Upon remand, the trial court granted Brandon’s motion to vacate and he pled Alford to felony-three gross sexual imposition and pled guilty to felony-four failure to appear; sentences run concurrently.
The court classified him as a Tier II sexual offender under Senate Bill 10, which the defense challenges as improperly applied to the 2007 offense.
The appellate court reverses and remands on the issues of jail-time credit for extradition and the SB10 classification, directing proper proceedings.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Jail time credit for extradition	Brandon asserts 13 days in Nevada should count toward jail credit.	State argues no credit for out-of-state time or that credit isn’t warranted.	Credit for extradition must be examined; remand for calculation if confinement arose from the Ohio offense.
SB10 vs SB5 classification	Brandon contends SB10 cannot apply to offenses before its effective date.	State concedes error; SB10 improperly used for the 2007 offense.	SB10 applied improperly; matter remanded to apply correct pre-SB10 law per In re Bruce S.

State v. Painter, 11th Dist. No. 2009-A-0016, 2009-Ohio-4929 (2010) (out-of-state jail time credit can count if arising from the offense)
In re Bruce S., 134 Ohio St.3d 477, 2012-Ohio-5696 (2012) (SB10 cannot be applied to offenses before its effective date)
State v. Ashley, 11th Dist. No. 2006-L-134, 2007-Ohio-690 (2007) (trial court determines jail time credit for offenses)
State v. Struble, 11th Dist. No. 2005-L-115, 2006-Ohio-3417 (2006) (trial court may review jail time credit requests)