State v. Flemings, 2011 Ohio 4286

Flemings was charged in Dayton Municipal Court by indictment amended to include felonious assault, burglary, and menacing by stalking with a $50,000 bail.
He pled guilty to Counts One and Three in November 2010; Count Two was dismissed; the court sentenced him to 12 months for Count Three and placed Count One on community control to be served when released from prison, with jail-time credit discussed.
The December 9, 2010 termination entry stated Flemings would receive jail-time credit for time already served; Flemings did not file a direct appeal from the judgment.
In December 2010, Flemings filed a pro se jail-time credit motion claiming 162 days, with later updates and a jail-time credit report showing 148/83 days credited for various periods in 2010.
A March 2011 entry upheld the 83 days of jail-time credit; Flemings did not appeal that ruling and instead filed a motion for reconsideration in April 2011.
The trial court relied on State v. Brown to hold that jail-time credit is not available for time served on an unrelated misdemeanor while awaiting trial on a felony; Flemings appealed the denial of the motion to reconsider.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether res judicata bars Flemings’s jail-time credit challenge	Flemings argues he is entitled to additional jail-time credit that was miscalculated.	Flemings contends the motion to reconsider unlocks review of the credit calculation.	Barred by res judicata; cannot relitigate the credit against a judgment where not appealed.
Whether jail-time credit is improper when time is served for an unrelated offense during the delay before trial	Flemings asserts relatedness between charges warrants credit for the period he was jailed.	State argues Brown controls: time served for a separate misdemeanor while felony case pending is not credited.	Properly denied; credit not allowed for unrelated offense during awaiting-trial confinement.

State v. Roberts, 2011-Ohio-1760 (10th Dist. 2011) (res judicata bars jail-time credit challenges filed after judgment)
State v. Coyle, 2010-Ohio-2130 (6th Dist. 2010) (absence of timely, proper entry on days of confinement requires notice and opportunity)
State v. Brown, 2001-Ohio-62816 (Montgomery App. 2001) (no jail time credit for time served on unrelated misdemeanor while felony pending)
State v. Chandler, 2011-Ohio-3485 (10th Dist. 2011) (probation revocation and jail time in separate cases; no credit for prior case)
State v. Marini, 2009-Ohio-4633 (5th Dist. 2009) (non-concurrent jail time not credited toward later felony sentence)