State v. Smith, 2014 Ohio 5076

Jeffrey M. Smith was indicted in Geauga County (Dec. 2010) on Passing Bad Checks, Theft (R.C. 2913.02(A)(3)), and Forgery; Passing Bad Checks was later dismissed.
Smith failed to appear for a pretrial hearing in March 2011; bond was revoked and a capias issued; he remained incarcerated on unrelated convictions in other counties for much of the time before pleading.
Smith filed an Inmate’s Notice of Place of Imprisonment (Feb. 6, 2013) while confined on other cases, and entered a written plea to fifth-degree felony Theft and Forgery (Oct. 28, 2013).
At sentencing (Jan. 13, 2014) the court imposed consecutive eight-month prison terms for Theft and Forgery and ordered restitution; Smith appealed.
On appeal Smith raised three issues: entitlement to pre-sentence jail-time credit, whether Theft and Forgery must merge, and whether H.B. 86’s reduction of certain theft grades applied to him.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Jail-time credit for period after bond revocation	Trial court: credit given only for confinement "arising out of the offense" sentenced	Smith: entitled to credit from filing of inmate notice (Feb. 6, 2013) while awaiting disposition	Court: No credit; confinement was for unrelated convictions so R.C. 2967.191 inapplicable
Merger of Theft and Forgery (R.C. 2941.25)	State: forgery (manufacturing spurious checks) and theft (using them to obtain funds) are distinct offenses	Smith: theft required forgery; offenses are allied and should merge	Court: offenses are not allied; separate acts (creation vs. obtaining money) support separate convictions
Application of H.B. 86 theft thresholds	State: plea and plea colloquy show defendant understood he pleaded to felony theft (>= $1,000)	Smith: he pled to indictment/bill of particulars alleging $500 theft, so felony classification changed by H.B. 86 should apply	Court: Totality of circumstances show Smith knowingly pled to fifth-degree felony theft (>= $1,000); H.B. 86 did not invalidate plea

State v. Johnson, 128 Ohio St.3d 153 (Ohio 2010) (test for allied offenses of similar import)
State v. Taylor, 138 Ohio St.3d 194 (Ohio 2014) (H.B. 86 theft-grade amendment applies when sentence not yet imposed)
State ex rel. Rankin v. Ohio Adult Parole Auth., 98 Ohio St.3d 476 (Ohio 2003) (trial court determines factual credit for jail time under R.C. 2967.191)
State v. Kalish, 120 Ohio St.3d 23 (Ohio 2008) (standard for appellate review of felony sentences)
State v. Underwood, 124 Ohio St.3d 365 (Ohio 2010) (plea agreements and allied-offenses obligation under R.C. 2941.25)
State v. Fitzpatrick, 102 Ohio St.3d 321 (Ohio 2004) (plea colloquy need not recite detailed elements if totality of circumstances show understanding)
State v. Smith, 71 Ohio App.3d 302 (Ohio Ct. App. 1991) (no jail-time credit for confinement arising from separate offenses)