Opinion
No. 73-396
Decided December 12, 1973.
Criminal law — Sentence — Credit for confinement prior to conviction — Issue moot — R.C. 2967.191.
CERTIFIED by the Court of Appeals for Montgomery County.
On August 29, 1972, Leroy Myron Rawlings, appellee herein, was sentenced on three counts of narcotics violations and his probation for a prior breaking and entering conviction was revoked and sentence imposed thereon. All sentences were to be served concurrently, and were entered following pleas of guilty to the narcotics violations. Prior to sentencing, appellee had served 198 days in jail following his arrest on the narcotics charges. Subsequent to sentencing, appellee filed a motion with the trial court requesting jail time credit toward his minimum and maximum sentences. The motion was denied.
On February 2, 1973, the Court of Appeals reversed the judgment of the Court of Common Pleas, and, on April 13, 1973, certified the case to this court on the ground that its judgment was in conflict with the judgment of the Court of Appeals of the Sixth Appellate District in State v. Summers (1972), 32 Ohio App.2d 312.
Mr. Lee C. Falke, prosecuting attorney, Mr. Randal A. Anderson, Jr., for appellant.
Mr. John W. Kessler, for appellee.
Subsequent to the February 2, 1973, judgment of the Court of Appeals, but prior to that court's April 13, 1973, certification as a conflict case, R.C. 2967.191 was amended, effective, March 23, 1973. That statute, as amended, requires that "the adult parole authority shall reduce the minimum and maximum sentence of a prisoner by the total number of days the prisoner was confined for any reason arising out of the offense for which he was convicted and sentenced."
Appellee has advised this court that a certificate by the Montgomery County sheriff, dated June 12, 1973, has been furnished the Adult Parole Authority, setting forth the 198-day confinement credit to which he is entitled under amended R.C. 2967.191.
The issue of appellee's right to pre-sentence credit for jail time served, arising out of the offense for which he was convicted and sentenced, is therefore moot on authority of State v. Solis (April 11, 1973), 34 Ohio St.2d 13. Although Solis was decided two days prior to the certification of this case by the Court of Appeals, that decision was not generally available until the April 23, 1973, issue of the Ohio Bar.
The statutory change mandating that pre-sentence jail time credit be given by the Adult Parole Authority, in effect, also moots the issue respecting a conflict with the Summers case, as well as the later case of State v. Little(May 10, 1973), 34 Ohio App.2d 121, whose holding paralleled Summers.
Rule 32.2(D) of the Ohio Rules of Criminal Procedure, effective July 1, 1973, is of additional interest, as it imposes upon trial courts the duty to "forward a statement of the number of days confinement which the defendant is entitled by law to have credited * * *."
For the foregoing reason, the judgment of the Court of Appeals is reversed.
Judgment reversed.
O'NEILL, C.J., HERBERT, CORRIGAN, STERN, CELEBREZZE, W. BROWN and P. BROWN, JJ., concur.