2021 Ohio 4114
Ohio Ct. App.2021Background
- Appellant Michael Soupe was arrested Sept. 9, 2020 after driving into his ex-girlfriend's car and damaging her home; charged initially with felony burglary and misdemeanor criminal damaging.
- He was released on OR bond in one misdemeanor case but remained jailed on the felony because he could not post a $50,000 bond.
- The grand jury declined to indict the felony; returned three misdemeanors that were handled in municipal court under two case numbers (20CRB02869 and 20CRB03406).
- On May 5, 2021 Soupe pled guilty to the misdemeanors; the court imposed suspended jail terms (90 days and 30 days) and awarded only two days of jail-time credit for the conviction in Case No. 20CRB02869.
- Soupe argued he was entitled to ~40–45 days credit for pretrial confinement; appeal was limited to Case No. 20CRB02869 because of defects in the notices of appeal for the other case.
- The court affirmed: the two-day credit for Case No. 20CRB02869 was correct, no equal-protection violation, and if suspended sentences are later ordered consecutive Soupe may seek a recalculation of credit.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Soupe was denied equal protection by receiving only 2 days of jail-time credit rather than ~40–45 days he spent jailed after arrest | Soupe: he spent ~40–45 days jailed on the same incident and is entitled to credit for all days served arising from the offense | State: Soupe only served 2 days jailed on the specific municipal case being appealed; other confinement related to a different case that was not part of this appeal | Court: Appeal limited to Case No. 20CRB02869; two days credit there was correct; no equal protection violation. If suspended terms are later imposed consecutively, Soupe may move for recalculation of credit. |
Key Cases Cited
- State v. Fugate, 117 Ohio St.3d 261 (establishes that pretrial jail time must be credited; explains application of credit to concurrent vs. consecutive terms)
- State ex rel. Rankin v. Ohio Adult Parole Auth., 98 Ohio St.3d 476 (trial court must determine number of days of confinement to be credited toward sentence)