State v. Cupp

124 N.E.3d 811, 2018 Ohio 5211, 156 Ohio St. 3d 207
CourtOhio Supreme Court
DecidedDecember 27, 2018
DocketNos. 2017-1547; 2017-1701
StatusPublished
Cited by42 cases

This text of 124 N.E.3d 811 (State v. Cupp) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Cupp, 124 N.E.3d 811, 2018 Ohio 5211, 156 Ohio St. 3d 207 (Ohio 2018).

Opinions

O'Donnell, J.

*208{¶ 1} We accepted a certified conflict in this case and agreed to resolve the following question:

"[Is] a defendant entitled to jail time credit for presentence detention time when held on a bond if, during the same period of time, he is serving a sentence on an unrelated case?"

151 Ohio St.3d 1525, 2018-Ohio-557, 91 N.E.3d 756, quoting the court of appeals' December 1, 2017 entry.

{¶ 2} We also accepted the state's discretionary appeal, which sets forth the following proposition of law:

A defendant is not entitled to jail credit for pre-sentence detention time when held on bond on a case if, during the same period, the defendant is serving a jail sentence on a separate case.

{¶ 3} The certified-conflict matter and the state's discretionary appeal were consolidated for review. Id.

{¶ 4} We answer the conflict question in the negative-that a defendant is not entitled to jail-time credit for presentence detention time when held on bond if, during the same period of time, he is serving a sentence on an unrelated case-and we reverse the judgment of the court of appeals.

Facts and Procedural History

{¶ 5} On June 12, 2015, a complaint was filed against appellee, Adam R. Cupp, in the Chardon Municipal Court alleging one count of rape. Cupp posted a *209$75,000 bond, and the matter was transferred to the Geauga County Common Pleas Court. *813{¶ 6} On June 29, 2015, a grand jury indicted Cupp on felony counts of rape, in violation of R.C. 2907.02, kidnapping, in violation of R.C. 2905.01, endangering children, in violation of R.C. 2919.22, and gross sexual imposition, in violation of R.C. 2907.05. On August 7, 2015, Cupp pled not guilty to all counts and the court set a $400,000 bond. At that time, Cupp was incarcerated in the county jail in connection with a probation violation arising from an unrelated domestic-violence case.

{¶ 7} On June 17, 2016, Cupp pled guilty to attempted abduction and endangering children and signed a written plea agreement that stated that jail-time credit would be addressed at sentencing.

{¶ 8} At the September 22, 2016 sentencing hearing, defense counsel urged the court to give him credit from the time his bond was revoked in June 2016 (as a result of his guilty plea), even though he had been incarcerated on the probation violation until July 29, 2016. The state contended that instead, credit should be awarded from July 30, 2016, the day after the sentence for the probation violation ended. The trial court sentenced Cupp, agreed with the state, and awarded jail-time credit beginning at the completion of the sentence for the probation violation.

{¶ 9} Cupp appealed to the Eleventh District Court of Appeals, arguing entitlement to an award of jail-time credit from the time the court revoked his bond on the felony charges. The appellate court examined the language of R.C. 2967.191, the jail-time credit statute, and determined that its plain terms entitled Cupp to credit for the entire time he was incarcerated since his bail was revoked, regardless of the fact that he was already incarcerated for the probation violation.

{¶ 10} The state appealed and also filed a motion seeking to have the court of appeals certify that its judgment is in conflict with the First District's judgment in State v. Washington , 1st Dist. Hamilton Nos. C-050462 and B-0500722, 2006-Ohio-4790, 2006 WL 2640960 ; the Third District's judgment in State v. Maag, 3d Dist. Hancock No. 5-03-32, 2005-Ohio-3761, 2005 WL 1712898 ; the Ninth District's judgment in State v. Brooks , 9th Dist. Lorain No. 05CA008786, 2006-Ohio-1485, 2006 WL 786473 ; the Tenth District's judgment in State v. Smith , 71 Ohio App.3d 302, 593 N.E.2d 402 (10th Dist.1992) ; and the Twelfth District's judgment in State v. Bradford, 149 Ohio App.3d 586, 2002-Ohio-5508, 778 N.E.2d 134 (12th Dist.). The appellate court granted the motion, holding that its judgment is in conflict with the judgments in Washington , Brooks , and Smith.

{¶ 11} Subsequent to the appellate court's decision but prior to the time when the state filed its notice of appeal, Cupp died. Defense counsel filed a suggestion of death and served a copy on the state.

*210Law and Analysis

{¶ 12} We recognize that the death of a criminal defendant during the pendency of an appeal moots the action and pursuant to the mootness doctrine, we do not decide moot cases. See Makley v.

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Bluebook (online)
124 N.E.3d 811, 2018 Ohio 5211, 156 Ohio St. 3d 207, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-cupp-ohio-2018.