State v. Breneman, 2016 Ohio 597

Defendant Virgil Breneman, on community control for a 2014 heroin possession conviction (2014 CR 121), was arrested Jan 14, 2015 for new offenses (burglary, trespass, attempted theft, etc.) and detained thereafter.
He pled guilty March 20, 2015 to several counts in Case No. 2015 CR 13 and admitted violating community control; sentencing occurred March 25, 2015 on both the revocation (2014 CR 121) and new-case convictions (2015 CR 13).
The trial court imposed an aggregate 48-month sentence in the new case (concurrent with the 12-month sentence imposed on the revoked community-control case) and assessed restitution and fines.
The court initially referenced 242 days total jail-credit but ultimately awarded 171 days to the 2014 case (credit for confinement July 22, 2014–Jan 5, 2015) and 71 days to the 2015 case (pretrial confinement Jan 14–Mar 25, 2015).
Breneman appealed, arguing the full 242 days should have been applied to his 48-month sentence in Case No. 2015 CR 13.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Breneman was entitled to 242 days jail-credit on the 48-month sentence in 2015 CR 13	State: only 71 days apply to 2015 CR 13; the other 171 days were service of sentence in 2014 CR 121	Breneman: all 242 days accrued pre-sentencing and thus should apply to the new-case sentence (per Fugate/Cole principles)	Court: Affirmed — only 71 days credited to 2015 CR 13; 171 days properly credited to 2014 CR 121 because that time was service of sentence in the earlier case

State v. Fugate, 883 N.E.2d 440 (Ohio 2008) (when concurrent prison terms are imposed, jail-time credit for pre-sentence confinement must be applied to all concurrent terms)
State ex rel. Rankin v. Ohio Adult Parole Auth., 786 N.E.2d 1286 (Ohio 2003) (trial court determines factual number of days eligible for jail-time credit)
State ex rel. Rankin v. Mohr, 958 N.E.2d 944 (Ohio 2011) (jail-time credit is not allowed for time spent serving a sentence for a separate offense)