2014 Ohio 3780
Ohio Ct. App.2014Background:
- In 2011 Chasteen pled guilty to theft-related offenses and was sentenced to an aggregate four-year term, which was stayed in favor of five years of community control and a drug program.
- While on community control, Chasteen was arrested in May 2013 for burglaries, grand theft, theft, and vandalism; he remained in jail from arrest through sentencing (133 days) because he did not post $250,000 bond.
- The probation department filed a community-control violation; the trial court ordered Chasteen held for that violation and later administratively terminated community control, effectively imposing (and crediting) 461 days for the 2011 matter.
- Chasteen pled guilty to amended 2013 charges and received an aggregate seven-year sentence; the court credited his 461 days to the revoked 2011 sentence but did not apply the 133 days as credit to the 2013 sentence.
- Chasteen appealed, arguing the 133 days in jail pending the 2013 case should be credited to his 2013 sentence.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Chasteen is entitled to 133 days jail-time credit against his 2013 sentence for time spent in custody pretrial | State: the court properly applied the pretrial confinement credit to the 2011 community-control violation because the defendant was held on that violation | Chasteen: under equal protection principles and State v. Fugate, pretrial confinement must be credited to sentences for which the defendant was held, so the 133 days should be applied to the 2013 sentence as well | The court held Fugate inapplicable because no concurrent sentences were imposed; the 133 days were properly credited to the 2011 matter and not to the 2013 sentence |
Key Cases Cited
- State v. Fugate, 117 Ohio St.3d 261 (2008) (pretrial confinement due to indigency must be credited to all prison terms imposed for charges on which the offender was held)
- State ex rel. Rankin v. Ohio Adult Parole Auth., 98 Ohio St.3d 476 (2003) (trial court makes factual determination of days of confinement to be credited)
- State v. Bradford, 149 Ohio App.3d 586 (12th Dist. 2002) (no additional credit where defendant was confined on unrelated charges and not held solely on the offense for which convicted)