2019 Ohio 4721
Ohio Ct. App.2019Background
- Abraham Tibbs was arrested on December 23, 2017 on multiple felony charges and on capiases for alleged community-control violations in three separate prior cases; he remained incarcerated from arrest through sentencing (241 days).
- In February 2018 Tibbs was indicted in the new felony case and pleaded guilty on June 25, 2018 to having weapons while under disability, aggravated possession of drugs, and possession of cocaine (plus a cash-forfeiture specification).
- At the plea hearing Tibbs admitted the community-control violations; the trial court found him no longer amenable to community control.
- At a joint sentencing on August 21, 2018 the court credited the 241 days of pretrial confinement to the three community-control cases, administratively terminated those sanctions, and gave Tibbs no jail-time credit for the new felony case.
- The trial court imposed three consecutive 36-month prison terms (aggregate 108 months) for the felony convictions and entered judgment on August 27, 2018 showing 0 days credit applied to the felony sentence.
- Tibbs appealed, arguing the 241 days in jail should have been applied to his felony prison term.
Issues
| Issue | Plaintiff's Argument (Tibbs) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Whether the trial court erred by not applying pretrial jail-time credit to Tibbs' felony prison term | Tibbs contends he was confined 241 days arising from the felony charges and must receive that credit against the 108-month sentence | The court properly applied the confinement credit to the community-control cases that were completed; because those terms were not concurrent with the felony prison term, the credit need not be applied to the felony sentence | Affirmed. The court held the trial court did not err: credit applied to the community-control cases was proper and the felony sentence (imposed consecutively) need not carry that same credit |
Key Cases Cited
- State v. Fugate, 117 Ohio St.3d 261 (Ohio 2008) (jail-time credit must be applied to all concurrent prison terms; concurrent and consecutive terms are treated differently)
- State ex rel. Rankin v. Ohio Adult Parole Auth., 98 Ohio St.3d 476 (Ohio 2003) (trial court must determine and include in the sentence/entry the number of days of confinement credited toward a defendant's sentence)