State v. Curry, 2022 Ohio 697

Curry was serving a 4-year prison sentence from a 2017 case when a 2020 indictment charged him in a separate conspiracy case; he was taken into custody on the conspiracy case on August 14, 2020.
At arraignment Curry pled not guilty; bond was set but not posted; parties later reached a plea and on May 5, 2021 Curry pled guilty to several counts in the conspiracy case.
The trial court sentenced Curry to 14 months in the conspiracy case to be served consecutively to his 2017 sentence; nunc pro tunc entries corrected clerical errors in May–June 2021.
Curry filed a pro se motion seeking additional jail-time credit for presentence confinement (including CBCF time); the state’s brief did not oppose and calculated 264 days (Aug 14, 2020–May 5, 2021).
The trial court denied the motion; on appeal the Eighth District affirmed, holding Curry was not entitled to additional credit because he was serving an unrelated sentence during the pretrial confinement and his new sentence was ordered consecutive.
The court noted no trial transcript was included on appeal but reached the merits based on the record and controlling precedent.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Curry is entitled to jail-time credit for pretrial confinement in the conspiracy case	State did not oppose and calculated 264 days of credit from Aug 14, 2020 to May 5, 2021	Curry argued he was entitled to jail-time credit for all presentence confinement (including CBCF), relying on Fugate and related authority; plea was silent on credit	Denied. Court held Curry not entitled to additional credit because he was simultaneously serving an unrelated 2017 sentence and the conspiracy sentence was ordered consecutive; Cupp bars credit when serving sentence on unrelated case and Fugate’s concurrent-term rule is inapplicable

State v. Fugate, 883 N.E.2d 440 (Ohio 2008) (explains how jail-time credit is applied differently for concurrent versus consecutive sentences)
State v. Cupp, 124 N.E.3d 811 (Ohio 2018) (holds a defendant serving a sentence on an unrelated case is not entitled to jail-time credit for pretrial detention in a separate case)