Ohio Supreme Court, 1991

State v. Butts

Ohio Supreme Court · Decided April 3, 1991 · Brown, Douglas, Holmes, Moyer, Resnick, Sweeney, Wright

58 Ohio St. 3d 250; 569 N.E.2d 885; 1991 Ohio LEXIS 821

Cases that cite this one

11 later published cases cite this decision.

State v. Polus (Slip Opinion) (Ohio 2016)
State v. Elkins, Unpublished Decision (8-2-2006) (Ohio Ct. App. 2006)
State v. Thomas, Unpublished Decision (12-20-2001) (Ohio Ct. App. 2001)
State v. Farley (Ohio Ct. App. 2012)
State v. Trainer, 08-Ca-04 (2-27-2009) (Ohio Ct. App. 2009)
State v. Owens, 89948 (7-17-2008) (Ohio Ct. App. 2008)
State v. Miller, 2007ca00142 (11-19-2007) (Ohio Ct. App. 2007)
State v. Garrett, Unpublished Decision (9-30-2003) (Ohio Ct. App. 2003)
State v. Robinson, Unpublished Decision (2-5-2002) (Ohio Ct. App. 2002)
State v. Blankenship, Unpublished Decision (12-4-2000) (Ohio Ct. App. 2000)
State v. Stacy, Unpublished Decision (5-10-1999) (Ohio Ct. App. 1999)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Wright, J.

In a refreshing bit of candor during oral argument, counsel for the state admitted that the prosecution was as surprised by the consecutive sentence as the defendant. So are we.

At issue is the meaning of R.C. 2929.41, which provides, in part:

“(A) Except as provided in division (B) of this section, a sentence of imprisonment shall be served concurrently with any other sentence of imprisonment imposed by a court of this state, another state, or the United States. In any case, a sentence of imprisonment for misdemeanor shall be served concurrently with a sentence of imprisonment for felony served in a state or federal penal or reformatory institution.” (Emphasis added.)

While we sympathize with the chagrin of a trial judge confronted with a repeat offender, we hold that R.C. 2929.41(A) requires that a sentence imposed for a misdemeanor conviction must be served concurrently with any felony sentence.

The judgment of the court of appeals is reversed and the cause is remanded for proceedings consistent with this opinion.

Judgment reversed and cause remanded.

Moyer, C.J., Sweeney, Holmes, Douglas, H. Brown and Resnick, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.