2021 Ohio 997
Ohio Ct. App.2021Background
- In April 2018 Brown was placed on community control for an improper-handling-of-a-firearm offense (CCV Case); a community-control capias issued November 8, 2018.
- Brown was arrested December 23, 2018 on unrelated felony and misdemeanor charges (Felony Case); the CCV capias was served the same day. He remained in jail from December 23, 2018.
- The area court granted OR bonds in the Felony Case on some charges December 26, 2018 and on all felony charges January 8, 2019; Brown remained jailed until March 11, 2019 because of the CCV capias and community-control proceedings. A magistrate found probable cause for community-control violations and ordered continued custody.
- At a joint sentencing hearing August 26, 2019 the trial court revoked community control and imposed concurrent prison terms: 12 months (CCV) and 24 months (Felony). The court awarded 86 days' jail credit in the CCV Case and 4 days' credit in the Felony Case.
- Brown sought additional jail-time credit (an extra 76 days) in the Felony Case for time in custody from December 26, 2018 to March 11, 2019. The trial court denied the request; on appeal the court affirmed in part and remanded to increase Felony Case credit to 17 days (adding 13 days for Dec. 26–Jan. 8).
Issues
| Issue | Plaintiff's Argument (Brown) | Defendant's Argument (State/Trial Court) | Held |
|---|---|---|---|
| Whether Brown was entitled to 76 additional days of jail-time credit in the Felony Case for time in custody Dec. 26, 2018–Mar. 11, 2019 | Concurrent sentences should each receive credit; he was jailed while both cases were pending and Fugate requires credit be applied to each concurrent term | After Jan. 8 Brown was on OR in the Felony Case and remained incarcerated solely on the CCV community-control capias; credit applies only for confinement arising from the offense being sentenced | Partially for Brown: denied 76 days, but court ordered additional 13 days (Dec. 26–Jan. 8) to be credited in the Felony Case, resulting in 17 days total credit for Dec. 23–Jan. 8 |
Key Cases Cited
- State v. Fugate, 117 Ohio St.3d 261 (when concurrent prison terms are imposed, jail-time credit must be applied to each concurrent term)
- State ex rel. Rankin v. Ohio Adult Parole Auth., 98 Ohio St.3d 476 (trial court must determine and include jail-time credit in the sentencing entry)
- State v. Cupp, 156 Ohio St.3d 207 (jail-time credit is limited to confinement that arose out of the offense for which the defendant was sentenced)