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Ohio Revised Code

Ohio Rev. Code § 2929.41 (2026)

Concurrent and consecutive sentences

✓ current as of May 2026
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Effective:
October 24, 2024
Latest Legislation:
House Bill 56 - 135th General Assembly
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(A) Except as provided in division (B) of this section, division (C) of section 2929.14, or division (D) or (E) of section 2971.03 of the Revised Code, a prison term, jail term, or sentence of imprisonment shall be served concurrently with any other prison term, jail term, or sentence of imprisonment imposed by a court of this state, another state, or the United States. Except as provided in division (B)(3) of this section, a jail term or sentence of imprisonment for misdemeanor shall be served concurrently with a prison term or sentence of imprisonment for felony served in a state or federal correctional institution.

(B)(1) A jail term or sentence of imprisonment for a misdemeanor shall be served consecutively to any other prison term, jail term, or sentence of imprisonment when the trial court specifies that it is to be served consecutively or when it is imposed for a misdemeanor violation of section 2907.322, 2921.34, or 2923.131 of the Revised Code.

When consecutive sentences are imposed for misdemeanor under this division, the term to be served is the aggregate of the consecutive terms imposed, except that the aggregate term to be served shall not exceed eighteen months.

(2) If a court of this state imposes a prison term upon the offender for the commission of a felony and a court of another state or the United States also has imposed a prison term upon the offender for the commission of a felony, the court of this state may order that the offender serve the prison term it imposes consecutively to any prison term imposed upon the offender by the court of another state or the United States.

(3) A jail term or sentence of imprisonment imposed for a misdemeanor violation of section 4510.11, 4510.14, 4510.16, 4510.21, or 4511.19 of the Revised Code shall be served consecutively to a prison term that is imposed for a felony violation of section 2903.06, 2903.08, or 4511.19 of the Revised Code or a felony violation of section 2903.04 of the Revised Code involving the operation of a vehicle by the offender and that is served in a state correctional institution when the trial court specifies that it is to be served consecutively.

When consecutive jail terms or sentences of imprisonment and prison terms are imposed for one or more misdemeanors and one or more felonies under this division, the term to be served is the aggregate of the consecutive terms imposed, and the offender shall serve all terms imposed for a felony before serving any term imposed for a misdemeanor.

Last updated March 17, 2025 at 5:27 PM

Notes of Decisions
Cited in 853 cases (328 in the last 5 years), 1975–2026 · leading case: State v. Earley (Slip Opinion), 2015 Ohio 4615 (Ohio 2015).
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State v. Earley (Slip Opinion), 2015 Ohio 4615 (Ohio 2015). · cites it 70× “25 and R.C. 2929.41 guides us in deciding whether R.”
State v. Gwynne, 2023 Ohio 3851 (Ohio 2023). · cites it 16× “This all changed, however, when in 1974, the General Assembly ended the common- 34 January Term, 2023 law presumption in favor of consecutive sentences by enacting R.C. 2929.41. See Lett at ¶ 35 ; Am.Sub.H.”
State v. Polus (Slip Opinion), 2016 Ohio 655 (Ohio 2016). · cites it 25× “{¶ 8} R.C. 2929.41 states: (A) Except as provided in division (B) of this section, * * * a prison term, jail term, or sentence of imprisonment shall be served concurrently with any other prison term, jail term, or sentence of imprisonment imposed by a court of this state,…”
State v. Bonnell (Slip Opinion), 2014 Ohio 3177 (Ohio 2014). · cites it 10× “14 and division (A) of section 2929.41 of the Revised Code in this act, it is the intent of the General Assembly to simultaneously repeal and revive the amended language in those divisions that was invalidated and severed by the Ohio Supreme Court’s decision in State v.”
State v. Hodge, 2010 Ohio 6320 (Ohio 2010). · cites it 13× “(R.C. 2929.41, which contains the other consecutive-sentencing statute invalidated in Foster—R.”
State v. Anderson, 2016 Ohio 7044 (Ohio Ct. App. 2016). · cites it 16× “{¶13} For this reason, we begin our review with a discussion of the residential sanction of CBCF and how those sanctions are impacted by the plain and ordinary language codified in R.C. 2929.41. In Ohio, R.C. 2929.41 controls the trial court’s authority to impose a prison or…”
State v. Roberts, 2017 Ohio 9014 (Ohio Ct. App. 2017). · cites it 18× “1983) (consecutive sentences reversed because trial court did not specify that the sentences be served consecutively, as required by former R.C. 2929.41); Bowman (sentence reversed when the trial court ordered that a sentence for a misdemeanor be served consecutively to a felony…”
State v. Barnhouse, 808 N.E.2d 874 (Ohio 2004). · cites it 17× “A {¶ 9} The Ohio General Assembly provided the rules for determining whether a defendant should serve concurrent or consecutive sentences in R.C. 2929.41. That section provides: {¶ 10} “(A) Except as provided in division (B) of this section, division (E) of section 2929.”
State v. Hitchcock (Slip Opinion), 2019 Ohio 3246 (Ohio 2019). · cites it 8× “Pursuant to Paige, a trial court lacks authority to order that a defendant be assessed for potential placement in a CBCF following completion of a prison term {¶ 11} Before considering the certified-conflict question, we first address the effect of Paige on this case.”
Yonkings v. Wilkinson, 714 N.E.2d 394 (Ohio 1999). · cites it 17× “For example, if an offender is sentenced to 2 to 5 years for grand theft and 7 to 25 years for aggravated robbery, the sentence to be served is 9 to 30 years.”
State v. White, 481 N.E.2d 596 (Ohio 1985). · cites it 13× “R.C. 2929.41(A) provides generally that a sentence of imprisonment shall be served concurrently with any other sentence of imprisonment.”
State v. Ryan, 2012 Ohio 5070 (Ohio Ct. App. 2012). · cites it 20× “{¶9} Appellant argues that the trial court erred by imposing consecutive sentences in violation of R.C. 2929.41. We disagree. {¶10} R.C. 2929.”
Show all 853 citing cases →
— Ohio Rev. Code § 2929.41(A) — 629 cases
State v. Hodge, 2010 Ohio 6320 (Ohio 2010). “(R.C. 2929.41, which contains the other consecutive-sentencing statute invalidated in Foster—R.”
State v. Bonnell (Slip Opinion), 2014 Ohio 3177 (Ohio 2014). “14 and division (A) of section 2929.41 of the Revised Code in this act, it is the intent of the General Assembly to simultaneously repeal and revive the amended language in those divisions that was invalidated and severed by the Ohio Supreme Court’s decision in State v.”
State v. Roberts, 2017 Ohio 9014 (Ohio Ct. App. 2017). “1983) (consecutive sentences reversed because trial court did not specify that the sentences be served consecutively, as required by former R.C. 2929.41); Bowman (sentence reversed when the trial court ordered that a sentence for a misdemeanor be served consecutively to a felony…”
State v. Hitchcock (Slip Opinion), 2019 Ohio 3246 (Ohio 2019). “Pursuant to Paige, a trial court lacks authority to order that a defendant be assessed for potential placement in a CBCF following completion of a prison term {¶ 11} Before considering the certified-conflict question, we first address the effect of Paige on this case.”
State v. Polus (Slip Opinion), 2016 Ohio 655 (Ohio 2016). “{¶ 8} R.C. 2929.41 states: (A) Except as provided in division (B) of this section, * * * a prison term, jail term, or sentence of imprisonment shall be served concurrently with any other prison term, jail term, or sentence of imprisonment imposed by a court of this state,…”
— Ohio Rev. Code § 2929.41(A)(3) — 2 cases
State v. Gregory, 670 N.E.2d 547 (Ohio Ct. App. 1995).
State Ex Rel. Crenshaw v. Tatman, 598 N.E.2d 91 (Ohio Ct. App. 1991).
— Ohio Rev. Code § 2929.41(B) — 68 cases
State v. Gwynne, 2023 Ohio 3851 (Ohio 2023). “This all changed, however, when in 1974, the General Assembly ended the common- 34 January Term, 2023 law presumption in favor of consecutive sentences by enacting R.C. 2929.41. See Lett at ¶ 35 ; Am.Sub.H.”
State v. Alexander, 2016 Ohio 204 (Ohio Ct. App. 2016).
State v. Ervin, 2017 Ohio 1491 (Ohio Ct. App. 2017).
State v. Polus (Slip Opinion), 2016 Ohio 655 (Ohio 2016). “{¶ 8} R.C. 2929.41 states: (A) Except as provided in division (B) of this section, * * * a prison term, jail term, or sentence of imprisonment shall be served concurrently with any other prison term, jail term, or sentence of imprisonment imposed by a court of this state,…”
State v. Ryan, 2012 Ohio 5070 (Ohio Ct. App. 2012). “{¶9} Appellant argues that the trial court erred by imposing consecutive sentences in violation of R.C. 2929.41. We disagree. {¶10} R.C. 2929.”
— Ohio Rev. Code § 2929.41(B)(1) — 66 cases
State v. Polus (Slip Opinion), 2016 Ohio 655 (Ohio 2016). “{¶ 8} R.C. 2929.41 states: (A) Except as provided in division (B) of this section, * * * a prison term, jail term, or sentence of imprisonment shall be served concurrently with any other prison term, jail term, or sentence of imprisonment imposed by a court of this state,…”
State v. Anderson, 2016 Ohio 7044 (Ohio Ct. App. 2016). “{¶13} For this reason, we begin our review with a discussion of the residential sanction of CBCF and how those sanctions are impacted by the plain and ordinary language codified in R.C. 2929.41. In Ohio, R.C. 2929.41 controls the trial court’s authority to impose a prison or…”
State v. Cooper, 2016 Ohio 4730 (Ohio Ct. App. 2016).
State v. Jones, 2020 Ohio 1273 (Ohio Ct. App. 2020).
State v. Bechtel, 2020 Ohio 4889 (Ohio Ct. App. 2020).
— Ohio Rev. Code § 2929.41(B)(1)(3) — 1 case
State v. Wells, 2021 Ohio 2343 (Ohio Ct. App. 2021).
— Ohio Rev. Code § 2929.41(B)(2) — 13 cases
State v. Polus (Slip Opinion), 2016 Ohio 655 (Ohio 2016). “{¶ 8} R.C. 2929.41 states: (A) Except as provided in division (B) of this section, * * * a prison term, jail term, or sentence of imprisonment shall be served concurrently with any other prison term, jail term, or sentence of imprisonment imposed by a court of this state,…”
State v. Ryan, 2012 Ohio 5070 (Ohio Ct. App. 2012). “{¶9} Appellant argues that the trial court erred by imposing consecutive sentences in violation of R.C. 2929.41. We disagree. {¶10} R.C. 2929.”
State v. Jeffery, 2011 Ohio 2654 (Ohio Ct. App. 2011).
State v. Warren, 2018 Ohio 4757 (Ohio Ct. App. 2018).
State v. James, 2024 Ohio 4567 (Ohio Ct. App. 2024).
— Ohio Rev. Code § 2929.41(B)(3) — 64 cases
State v. Earley (Slip Opinion), 2015 Ohio 4615 (Ohio 2015). “25 and R.C. 2929.41 guides us in deciding whether R.”
State v. Polus (Slip Opinion), 2016 Ohio 655 (Ohio 2016). “{¶ 8} R.C. 2929.41 states: (A) Except as provided in division (B) of this section, * * * a prison term, jail term, or sentence of imprisonment shall be served concurrently with any other prison term, jail term, or sentence of imprisonment imposed by a court of this state,…”
State v. Hayes, 2016 Ohio 7241 (Ohio Ct. App. 2016).
State v. Anderson, 2016 Ohio 7044 (Ohio Ct. App. 2016). “{¶13} For this reason, we begin our review with a discussion of the residential sanction of CBCF and how those sanctions are impacted by the plain and ordinary language codified in R.C. 2929.41. In Ohio, R.C. 2929.41 controls the trial court’s authority to impose a prison or…”
State ex rel. Mayer v. Henson, 779 N.E.2d 223 (Ohio 2002).
— Ohio Rev. Code § 2929.41(B)(4) — 1 case
State v. Thomas (Slip Opinion), 2016 Ohio 5567 (Ohio 2016).
— Ohio Rev. Code § 2929.41(C) — 4 cases
State v. Hilliard, 2015 Ohio 5324 (Ohio Ct. App. 2015).
State Ex Rel. Crenshaw v. Tatman, 598 N.E.2d 91 (Ohio Ct. App. 1991).
State ex rel. Johnson v. Ohio Dept. of Rehab. & Corr. Bur. of Sentence Computation, 2016 Ohio 5645 (Ohio Ct. App. 2016).
Johnson v. Bowerman (N.D. Ohio 2023).
— Ohio Rev. Code § 2929.41(C)(1) — 2 cases
State ex rel. Sanford v. Bur. of Sentence Computation (Slip Opinion), 2017 Ohio 8723 (Ohio 2017).
State ex rel. Stokes v. Ohio Dept. of Rehab. & Corr., 2023 Ohio 468 (Ohio Ct. App. 2023).
— Ohio Rev. Code § 2929.41(C)(2) — 8 cases
Morgan v. Ohio Adult Parole Auth., 626 N.E.2d 939 (Ohio 1994).
State v. Freeman, 2011 Ohio 4357 (Ohio Ct. App. 2011).
Davis v. Dept. of Rehab. & Corr., 2014 Ohio 4589 (Ohio Ct. App. 2014).
State Ex Rel. Crenshaw v. Tatman, 598 N.E.2d 91 (Ohio Ct. App. 1991).
Morgan v. Ohio Adult Parole Auth., 1994 Ohio 380 (Ohio 1994).
— Ohio Rev. Code § 2929.41(C)(3) — 2 cases
Morgan v. Ohio Adult Parole Auth., 626 N.E.2d 939 (Ohio 1994).
Morgan v. Ohio Adult Parole Auth., 1994 Ohio 380 (Ohio 1994).
— Ohio Rev. Code § 2929.41(C)(4) — 11 cases
State v. Glover, 2023 Ohio 1153 (Ohio Ct. App. 2023).
Davis v. Dept. of Rehab. & Corr., 2014 Ohio 4589 (Ohio Ct. App. 2014).
State ex rel. Foster v. Ohio Adult Parole Auth., 605 N.E.2d 26 (Ohio 1992).
State ex rel. Johnson v. Ohio Dept. of Rehab. & Corr. Bur. of Sentence Computation, 2016 Ohio 5645 (Ohio Ct. App. 2016).
State ex rel. Davis v. Bur. Sentence Computation & Records Mgt., 2019 Ohio 4571 (Ohio Ct. App. 2019).
— Ohio Rev. Code § 2929.41(C)(4)(b) — 1 case
State v. Glover, 2023 Ohio 1153 (Ohio Ct. App. 2023).
— Ohio Rev. Code § 2929.41(D) — 1 case
Medina v. Papadelis, 2 Ohio App. Unrep. 490 (Ohio Ct. App. 1990).
— Ohio Rev. Code § 2929.41(E) — 24 cases
State v. White, 481 N.E.2d 596 (Ohio 1985). “R.C. 2929.41(A) provides generally that a sentence of imprisonment shall be served concurrently with any other sentence of imprisonment.”
State v. Blatnik, 478 N.E.2d 1016 (Ohio Ct. App. 1984).
State v. Kesterson, 632 N.E.2d 565 (Ohio Ct. App. 1993).
State v. Elam, 629 N.E.2d 442 (Ohio 1994).
State v. Gregory, 456 N.E.2d 839 (Ohio Ct. App. 1982).
— Ohio Rev. Code § 2929.41(E)(1) — 2 cases
State v. Gregory, 456 N.E.2d 839 (Ohio Ct. App. 1982).
State ex rel. Fowler v. Bowen, 2022 Ohio 3790 (Ohio Ct. App. 2022).
— Ohio Rev. Code § 2929.41(E)(2) — 29 cases
Yonkings v. Wilkinson, 714 N.E.2d 394 (Ohio 1999). “For example, if an offender is sentenced to 2 to 5 years for grand theft and 7 to 25 years for aggravated robbery, the sentence to be served is 9 to 30 years.”
State v. White, 481 N.E.2d 596 (Ohio 1985). “R.C. 2929.41(A) provides generally that a sentence of imprisonment shall be served concurrently with any other sentence of imprisonment.”
State v. Warren, 859 N.E.2d 998 (Ohio Ct. App. 2006).
State v. Elam, 629 N.E.2d 442 (Ohio 1994).
State ex rel. Hamann v. Ohio Dept. of Rehab. & Corr., 2002 Ohio 3528 (Ohio 2002).
— Ohio Rev. Code § 2929.41(E)(3) — 10 cases
State v. Perkins, 639 N.E.2d 833 (Ohio Ct. App. 1994).
State v. Black, 604 N.E.2d 171 (Ohio Ct. App. 1991).
State v. Kesterson, 632 N.E.2d 565 (Ohio Ct. App. 1993).
State v. Sheets, 677 N.E.2d 818 (Ohio Ct. App. 1996).
Maumee v. Hensley, 2019 Ohio 2050 (Ohio Ct. App. 2019).
— Ohio Rev. Code § 2929.41(E)(4) — 2 cases
State v. Hartman, 573 N.E.2d 1133 (Ohio Ct. App. 1988).
Hoff v. Wilson, 500 N.E.2d 1366 (Ohio 1986).
— Ohio Rev. Code § 2929.41(EX2) — 1 case
State v. Rutter, 589 N.E.2d 421 (Ohio Ct. App. 1990).
— Ohio Rev. Code § 2929.41(EX4) — 1 case
State v. Peters, 5 Ohio App. Unrep. 219 (Ohio Ct. App. 1990).
— Ohio Rev. Code § 2929.41(b)(3) — 1 case
William Lee Moss v. S. M. Patterson, Supt., 555 F.2d 137 (6th Cir. 1977).
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