State v. Sherman
2025 Ohio 976
Ohio Ct. App.2025Background
- Ian Sherman was convicted in 2022 for having weapons under disability (WUD) and sentenced to community control, after spending 269 days in pretrial detention.
- In 2023, Sherman was convicted of a new, unrelated WUD offense and held for 150 days pretrial before being sentenced to community control, running concurrently with the prior case.
- Sherman subsequently violated community control on both cases and was sentenced to concurrent 18-month prison terms, receiving jail-time credit (JTC) for 269 days (2022 case) and 150 days (2023 case) respectively.
- Sherman filed a motion arguing that credit for the 269 days served pretrial in 2022 should also be applied to his sentence in the 2023 case, due to the concurrent nature of the sentences.
- The trial court denied the motion, ruling that jail-time credit cannot be given in an unrelated case, even if sentences run concurrently. Sherman appealed.
Issues
| Issue | Sherman's Argument | State's Argument | Held |
|---|---|---|---|
| Whether prior jail-time credit applies to concurrent sentences in unrelated cases | JTC from 2022 (269 days) should also apply to concurrent 2023 sentence | Jail-time credit only applies to time served "arising out of" the offense for which sentence is imposed | JTC does not apply to unrelated case; must be case-specific |
Key Cases Cited
- State v. Fugate, 117 Ohio St. 3d 261 (Ohio 2008) (jail-time credit must be applied to all concurrent sentences when confinement arises from the offenses for which they are imposed)
- State v. Wilson, 41 Ohio St. 2d 236 (Ohio 1975) (defendant must demonstrate collateral disability to avoid mootness)
- State v. Golston, 71 Ohio St. 3d 224 (Ohio 1994) (felony convictions carry collateral disabilities as a matter of law)