State v. Woten, 2013 Ohio 1394

Woten pleaded guilty to receiving stolen property in Allen County under a bill of information and was subject to a PSI and concurrent sentencing with a Van Wert County term.
The January 25, 2012 sentencing sentenced three years of community control to commence after release from the Van Wert County term, with a one-year prison term for violations and 84 days credit.
In May 2012, the trial court found violations of community control; the court ordered the Allen County community control to run concurrent with Van Wert, and outlined transfer to Adams County for disposition of that case with conditions tied to Indiana disposition.
In August 2012, after another violation, the court revoked community control and imposed a one-year prison term consecutive to the Van Wert sentence, with 132 days credit; Adams County case remained pending.
Woten appealed asserting entitlement to jail-time credit for 109 days (May 10–August 27, 2012) while held concurrently in Van Wert and Allen Counties; she also challenged the consecutive sentence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Jail-time credit for concurrent confinement	Woten claims days May 10–Aug 27, 2012 should be credited against her Allen County sentence.	State contends credit calculation was properly determined; record insufficient to grant new credit.	First assignment overruled; regularity presumed; record insufficient to support additional jail-time credit.
Consecutive versus concurrent sentencing	Trial court erred in running the Allen County sentence consecutive to Van Wert County when originally concurrent and no new fault by Woten.	Court acted within discretion; consecutive sentence justified by need to address Adams County/Indiana disposition and separate offenses.	Second assignment overruled; no abuse of discretion; intended to address separate offenses and pending Indiana case.

State v. Pitts, 2007-Ohio-5197 (Ohio 2007) (jail-time credit calculation duty of trial court at sentencing)
State v. Eaton, 2005-Ohio-3238 (Ohio 2005) (basis for jail-time credit eligibility)
State v. Dailey, 2010-Ohio-4816 (Ohio 2010) (credit for confinement related to offense)
State v. Daughenbaugh, 2009-Ohio-3823 (Ohio 2009) (confinement timing and relatedness to offense)
State v. Ramos, 2007-Ohio-767 (Ohio 2007) (threshold for reviewing sentencing decisions on appeal)
State v. Rhodes, 2006-Ohio-2401 (Ohio 2006) (standard for reviewing sentencing decisions)
State v. Tyson, 2005-Ohio-1082 (Ohio 2005) (sentencing review principles)
Knapp v. Edwards Laboratories, 61 Ohio St.2d 197 (1980) (presumption of regularity in lower court proceedings)
State v. Woodward, 2012-Ohio-632 (Ohio 2012) (record development during sentencing)