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State v. Butts

Supreme Court of Ohio
Apr 3, 1991
58 Ohio St. 3d 250 (Ohio 1991)

Summary

In Butts, the Ohio Supreme Court held that: "R.C. 2929.41(A) requires that a sentence imposed for a misdemeanor conviction must be served concurrently with any felony sentence."

Summary of this case from State v. Hughley

Opinion

Nos. 90-653 and 90-675

Submitted February 12, 1991 —

Decided April 3, 1991.

Criminal procedure — Multiple sentences — R.C. 2929.41(A) requires that sentence imposed for a misdemeanor conviction must be served concurrently with any felony sentence.

O.Jur 3d Criminal Law § 1391.

R.C. 2929.41(A) requires that a sentence imposed for a misdemeanor conviction must be served concurrently with any felony sentence.

CERTIFIED by and APPEAL from the Court of Appeals for Stark County, No. CA-7907.

Appellant, William George Butts, pleaded guilty to petty theft, a first degree misdemeanor, in Stark County Common Pleas Court and was sentenced to a six-month term to be served consecutively with a reimposed felony sentence for parole violation based on the misdemeanor conviction. The Court of Appeals for Stark County affirmed the sentence. Finding its judgment to be in conflict with the judgment of the Court of Appeals for Butler County in State v. O'Dell (Apr. 13, 1987), No. CA86-10-142, unreported, the court of appeals certified the record of the case to this court for review and final determination.

Robert D. Horowitz, prosecuting attorney, and Ronald Mark Caldwell, for appellee.

Robert G. Lavery, for appellant.


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.


Summaries of

State v. Butts

Supreme Court of Ohio
Apr 3, 1991
58 Ohio St. 3d 250 (Ohio 1991)

In Butts, the Ohio Supreme Court held that: "R.C. 2929.41(A) requires that a sentence imposed for a misdemeanor conviction must be served concurrently with any felony sentence."

Summary of this case from State v. Hughley

In State v. Butts (1991), 58 Ohio St.3d 250, syllabus, the Ohio Supreme Court held that "R.C. 2929.41(A) requires that a sentence imposed for a misdemeanor conviction must be served concurrently with any felony sentence."

Summary of this case from State v. Trainer

In State v. Butts (1991), 58 Ohio St.3d 250, syllabus, the Supreme Court of Ohio, in reversing a judgment from this court, examined a case similar to the case sub judice and held "R.C. 2929.41(A) requires that a sentence imposed for a misdemeanor conviction must be served concurrently with any felony sentence."

Summary of this case from State v. Robinson

In State v. Butts (1991), 58 Ohio St.3d 250, 251, the Ohio Supreme Court resolved any conflict on the issue, holding that "R.C. 2929.41(A) requires that a sentence imposed for a misdemeanor conviction must be served concurrently with any felony sentence."

Summary of this case from State v. Blankenship

In Butts, the sentence at issue was for a misdemeanor to be served consecutively with a reimposed felony sentence for parole violation based upon the misdemeanor conviction.

Summary of this case from State v. Stacy
Case details for

State v. Butts

Case Details

Full title:THE STATE OF OHIO, APPELLEE, v. BUTTS, APPELLANT

Court:Supreme Court of Ohio

Date published: Apr 3, 1991

Citations

58 Ohio St. 3d 250 (Ohio 1991)
569 N.E.2d 885

Citing Cases

State v. Polus

The last time we considered this question, we held that " R.C. 2929.41(A) requires that a sentence imposed…

State v. Trainer

Prior to State v. Foster, 109 Ohio St.3d 1, 2006-Ohio-856, R.C. 2929.41(A) provided, with exceptions not…