State v. Farner
2012 Ohio 317
Ohio Ct. App.2012Background
- Appellant Kimberly A. Farner pled guilty to receiving stolen property, a fifth-degree felony, on February 4, 2010.
- On March 22, 2010, the trial court sentenced Farner to up to 180 days in jail (90 days suspended), 2 years of probation, 80 hours of community service, drug/alcohol sanctions, and financial sanctions, with a potential 12-month prison sentence for violations.
- Farner served 90 days in jail before release, then the State filed a Community Control Violation; a sanctioning hearing led to continued community control on February 7, 2011 with new terms (1 day jail, complete Transformation Life Skills, pay costs, intensified supervision for 3 months).
- In March and April 2011 the State moved to revoke community control and bond; Farner’s bond was revoked and an evidentiary hearing was set for June 6, 2011.
- At the June 20, 2011 sanctioning hearing, the court revoked community control and imposed the balance of Farner’s sentence, awarding jail credit for 83 days plus one day per day served after sentencing, but not credit for the 90 days previously served in 2010.
- Farner appeals, arguing the trial court failed to credit her 90 days of jail time as required by RC 2967.191, violating equal protection rights.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Farner was entitled to jail-time credit for the 90 days served in 2010. | Farner asserts RC 2967.191 requires mandatory credit for confinement. | State contends RC 2929.15(B) allows discretion and does not mandate credit for time under community control. | Credit for time served must be given; remand to modify sentence to reflect 90 days. |
Key Cases Cited
- White v. Gilligan, 351 F. Supp. 1012 (S.D. Ohio 1972) (mandatory credit for confinement under due process)
- State v. Hines, 131 Ohio App.3d 118 (3rd Dist. 1999) (credit for time served remains mandatory)
- State v. Fair, 136 Ohio App.3d 184 (2000-Ohio-1614) (credit for confinement not defeated by later sanctions)
- State v. Kerry, 2001-Ohio-3324 (7th Dist. 2001) (credit rules under community control sanctions)
- State v. Bay, 145 Ohio App.3d 402 (12th Dist. 2001) (time-served credit considerations in sanctions)
- State v. Corbin, 131 Ohio App.3d 239 (3rd Dist. 1999) (time credit under confinement related to offense)
- State v. Rankin, 98 Ohio St.3d 476 (2003) (statutory duty to credit confinement and ability to seek relief on direct appeal)
- Gustafson, 76 Ohio St.3d 425 (1996) (double jeopardy concerns when confinement is counted toward original sentence)