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. HughleyOpinion
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.