State v. Lovings, 2013 Ohio 5328

Jason M. Lovings was originally sentenced in case No. 13AP-303 to consecutive prison terms (18 and 12 months) suspended in favor of four years community control; while on community control he was later convicted of attempted escape in case No. 13AP-304.
On revocation (Dec. 16, 2011) the trial court reinstated the remainder of the Case No. 13AP-303 sentence and sentenced Lovings in Case No. 13AP-304 to 12 months to run concurrently.
The trial court awarded 253 days jail-time credit in Case No. 13AP-303 and 214 days in Case No. 13AP-304.
Lovings filed motions (Feb. 12, 2013) seeking 467 days of credit in each case (combining the credits), relying on State v. Fugate.
The trial court denied the motions, reasoning it lacked authority to modify the sentence after defendant was received by the Department of Rehabilitation and Correction. Lovings appealed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the sentencing court must apply R.C. 2929.19(B)(2)(g)(iii) to post-sentencing motions for jail-time credit filed after Sept. 10, 2012	State argued Fugate inapplicable; combining credits applies only to consecutive sentences	Lovings argued he was entitled to combined jail-time credit (467 days) and relied on Fugate; his motions were filed after statute's effective date	The court held R.C. 2929.19(B)(2)(g)(iii) applies to motions filed after its effective date and remanded for the trial court to interpret and apply that statute to the jail-time-credit motions

State v. Fugate, 117 Ohio St.3d 261 (2008) (addressed calculation/assignment of jail-time credit and when multiple-case credits may be combined)