State v. Butts
| Decision Date | 03 April 1991 |
| Docket Number | 90-675,Nos. 90-653,s. 90-653 |
| Citation | 569 N.E.2d 885,58 Ohio St.3d 250 |
| Parties | The STATE of Ohio, Appellee, v. BUTTS, Appellant. |
| Court | Ohio Supreme Court |
Syllabus by the Court
R.C. 2929.41(A) requires that a sentence imposed for a misdemeanor conviction must be served concurrently with any felony sentence.
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, 1987 WL 9747, the court of appeals certified the record of the case to this court for review and final determination.
Robert D. Horowitz, Pros. Atty., and Ronald Mark Caldwell, Canton, for appellee.
Robert G. Lavery, Alliance, 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:
(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.
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...with a prison term or sentence of imprisonment for felony served in a state or federal correctional institution." In State v. Butts, 58 Ohio St,3d 250, 569 N.E.2d 885 (1991), syllabus, the Ohio Supreme Court held that "R.C. 2929.41(A) requires that a sentence imposed for a misdemeanor convi......
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State v. Owens, 2008 Ohio 3555 (Ohio App. 7/17/2008)
...to be served concurrently with any time ordered on the attendant felony count of vehicular assault. See R.C. 2929.41(A); State v. Butts (1991), 58 Ohio St.3d 250, {¶ 20} By listing the failure to stop at the scene of an accident in a furthermore clause rather than as a separate offense, the......
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State v. Miller, 2007 Ohio 6272 (Ohio App. 11/19/2007), 2007CA00142.
...we note appellant was sentenced to concurrent sentences on the felony counts pursuant to a negotiated plea. Pursuant to State v. Butts (1991), 58 Ohio St.3d 250, the sentences on the misdemeanor counts by operation of law merged with the sentences on the felony {¶26} Upon review, we do not ......
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