State v. Norman, 2013 Ohio 1866

Norman indicted Aug 1, 2012 for Theft (amended to a fourth-degree felony) in Muskingum County, incarcerated on unrelated misdemeanor charges with 540-day sentence; no bond in felony case.
Charge and plea: entered not guilty Aug 8, 2012, later pleaded guilty Oct 9, 2012 after indictment; sentencing set for Nov 13, 2012.
Pretrial and sentencing: motion for full jail-time credit filed Nov 8, 2012 seeking credit from indictment service; trial court sentenced Nov 13, 2012 to 12 months with 103 days jail credit.
Issue on appeal: State challenges the 103-day jail-time credit; argues credit should not apply to time served prior to or unrelated to the felony sentence.
Holding below: trial court’s 103-day credit improper; court sustains State’s assignment of error and reverses/remands for proper application of jail-time credit.
Outcome: Judgment reversed and remanded for proceedings consistent with law and this opinion.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether 103 days of jail-time credit was properly awarded	State argues credit improperly applied	Norman claims entitlement to 103 days from indictment	Credit misapplied; reversed and remanded

State v. Fugate, 117 Ohio St.3d 261 (2008-Ohio-856) (credit must be applied to all relevant sentences when concurrent)
State v. Marini, 2009-Ohio-4633 (2009-Ohio-4633) (time served on unrelated offenses generally not credited against a felony sentence)
State v. Smith, 71 Ohio App.3d 302 (1992) (no credit when incarceration arises from unrelated offense)
State v. Logan, 71 Ohio App.3d 292 (1991) (no jail-time credit for time served on unrelated charges)
State v. Goehring, 2004-Ohio-5240 (2004) (credit not available for post-conviction jail time in unrelated matter)
State v. Tuck, 1996-Ohio-CA-23 (1996) (no credit for time on separate charges)
State v. Struble, 2006-Ohio-3417 (2006) (no jail-time credit for time served on unrelated offenses when sentences are non-concurrent)