State v. Smiley, 2013 Ohio 4495

James Smiley was arrested Aug 11, 2011 on Cuyahoga County drug charges (possession and possessing criminal tools). He failed to appear Sept 9, 2011 and a capias issued.
Smiley was arrested on an unrelated Medina County burglary case and jailed in Medina from Sept 26, 2011 until transferred to prison May 9, 2012 for an 18-month sentence.
Cuyahoga issued a capias May 16, 2012 ordering his return, but Smiley was not brought to Cuyahoga custody until Dec 5, 2012.
Smiley was held in the Cuyahoga County jail from Dec 5, 2012 to Jan 2, 2013; on Jan 2 he pleaded guilty to attempted drug possession and was sentenced to 180 days in jail to run concurrently with his Medina sentence.
The trial court denied any jail-time credit for the 28 days Smiley spent in Cuyahoga custody, stating all credit applied to the Medina case. Smiley appealed, arguing he was entitled to credit for that time.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Smiley was entitled to jail-time credit for 28 days spent in Cuyahoga jail before sentencing	State: no credit necessary because credit already applied to Medina sentence and Smiley was serving that sentence.	Smiley: Fugate requires pre-sentence confinement credit be applied to concurrent terms, so 28 days should reduce his Cuyahoga sentence.	Court: Affirmed — no error. Credit need not be applied to Cuyahoga term because Smiley was already serving a prior out-of-county term and could not have posted bail; Fugate does not control.

State v. Fugate, 883 N.E.2d 440 (Ohio 2009) (when concurrent prison terms are imposed at the same time, jail-time credit must be applied to each concurrent term)