State v. Ways
2013 Ohio 293
Ohio Ct. App.2013Background
- Ways was sentenced February 15, 2012 to 12 months for Trafficking in Heroin and received a three-day jail-time credit.
- On March 21, 2012 Ways was sentenced to 18 months for Having Weapons Under a Disability and for Carrying a Concealed Weapon, with these sentences to run concurrently with each other and with the prior 12‑month heroin sentence.
- Ways moved for additional jail-time credit for time incarcerated on the heroin sentence prior to the second sentencing (about 36 days).
- The trial court denied the request for additional credit; Ways appealed challenging the denial.
- The appellate court affirmed, holding that jail-time credit cannot be applied to a concurrent sentence for time already served on a prior, separately imposed sentence when those concurrent terms began after the prior sentence.
- Judge Hall concurred separately, agreeing with the result but criticizing Cole’s reasoning and discussing the distinction between concurrent terms started on different dates.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Ways is entitled to jail-time credit for pre-sentencing time served on a prior sentence. | Ways argues pre-sentence time on the heroin sentence should credit the 18‑month concurrent sentences. | Ways's counterpart would not receive credit for prior time once concurrent terms begin. | Not entitled to credit for pre-sentencing time on the prior sentence. |
Key Cases Cited
- State v. Fugate, 117 Ohio St.3d 261 (2008-Ohio-856) (concurrent terms require jail-time credit on all terms to avoid unequal treatment)
- State v. Cole, 2d Dist. Montgomery No. 23327 (2009-Ohio-4580) (credit discussed when concurrent sentences begin on different dates; distinguishable from Fugate)
- Bobo v. Dept. of Rehab. & Corr., — (—) (cited re concurrent terms and credit application (no official reporter cited))
- State ex rel. Gray v. Karnes, 2010-Ohio-5364 (10th Dist. No. 10AP-789) (equal protection considerations in jail-time credit contexts)
- Bellamy v. Ohio, 181 Ohio App.3d 210 (2009-Ohio-888) (definition/comparison of concurrent vs. consecutive sentences)
- Richards v. Eberlin, — (2004-Ohio-2636) (cited regarding consecutive vs. concurrent framework)