Opinion
2017–1701
02-14-2018
STATE v. CUPP.
Reporter's Note: These matters were decided on January 24, 2018, but are being reported to the public on February 14, 2018.
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MOTION AND PROCEDURAL RULINGS
On review of an order certifying a conflict. The court determines that a conflict exists. The parties are ordered to brief the issue stated in the court of appeals' entry filed December 1, 2017: "Whether a defendant is entitled to jail 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."
The conflict cases are State v. Washington, 1st Dist. Hamilton Nos. C–050462 and B–0500722, 2006–Ohio–4790, State v. Brooks, 9th Dist. Lorain No. 05CA008786, 2006–Ohio–1485, and State v. Smith, 71 Ohio App.3d (10th Dist. 1992).
The clerk shall issue an order for the transmittal of the record from the Court of Appeals for Geauga County.
Sua sponte, cause consolidated with 2017–1547, State v. Cupp, and briefing in Nos. 2017–1701 and 2017–1547 shall be consolidated. The parties shall file two originals of each of the briefs permitted under S.Ct.Prac.R. 16.02 through 16.04 and include both case numbers on the cover page of the briefs. The parties shall otherwise comply with the requirements of S.Ct.Prac.R. 16.01 through 16.04.
French and DeWine, JJ., dissent.
O'Neill, J., not participating.