Ohio Rev. Code » Chapter 2929
Ohio Revised Code

Ohio Rev. Code § 2929.41 (2026)

Concurrent and consecutive sentences

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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, 145 Ohio St. 3d 281.
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State v. Earley (Slip Opinion), 2015-Ohio-4615, 145 Ohio St. 3d 281. · cites it 70× “25 and R.C. 2929.41 guides us in deciding whether R.”
State v. Gwynne, 2023-Ohio-3851, 231 N.E.3d 1109. · 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, 48 N.E.3d 553. · 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, 16 N.E.3d 659. · 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, 941 N.E.2d 768. · cites it 13× “(R.C. 2929.41, which contains the other consecutive-sentencing statute invalidated in Foster—R.”
State v. Anderson, 2016-Ohio-7044. · 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, 101 N.E.3d 1067. · 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. · 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. · 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, 941 N.E.2d 768. “(R.C. 2929.41, which contains the other consecutive-sentencing statute invalidated in Foster—R.”
State v. Bonnell (Slip Opinion), 2014-Ohio-3177, 16 N.E.3d 659. “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, 101 N.E.3d 1067. “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. “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, 48 N.E.3d 553. “{¶ 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. 1st Dist. 1995).
State ex rel. Crenshaw v. Tatman, 598 N.E.2d 91 (Ohio Ct. App. 4th Dist. 1991).
Ohio Rev. Code § 2929.41(B): 68 cases
State v. Gwynne, 2023-Ohio-3851, 231 N.E.3d 1109. “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.
State v. Ervin, 2017-Ohio-1491, 89 N.E.3d 1.
State v. Polus (Slip Opinion), 2016-Ohio-655, 48 N.E.3d 553. “{¶ 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. “{¶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, 48 N.E.3d 553. “{¶ 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. “{¶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.
State v. Jones, 2020-Ohio-1273, 153 N.E.3d 689.
State v. Bechtel, 2020-Ohio-4889.
Ohio Rev. Code § 2929.41(B)(1)(3): 1 case
State v. Wells, 2021-Ohio-2343.
Ohio Rev. Code § 2929.41(B)(2): 13 cases
State v. Polus (Slip Opinion), 2016-Ohio-655, 48 N.E.3d 553. “{¶ 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. “{¶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.
State v. Warren, 2018-Ohio-4757, 124 N.E.3d 433.
State v. James, 2024-Ohio-4567.
Ohio Rev. Code § 2929.41(B)(3): 64 cases
State v. Earley (Slip Opinion), 2015-Ohio-4615, 145 Ohio St. 3d 281. “25 and R.C. 2929.41 guides us in deciding whether R.”
State v. Polus (Slip Opinion), 2016-Ohio-655, 48 N.E.3d 553. “{¶ 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.
State v. Anderson, 2016-Ohio-7044. “{¶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, 70 N.E.3d 496.
Ohio Rev. Code § 2929.41(C): 4 cases
State v. Hilliard, 2015-Ohio-5324.
State ex rel. Crenshaw v. Tatman, 598 N.E.2d 91 (Ohio Ct. App. 4th Dist. 1991).
State ex rel. Johnson v. Ohio Dept. of Rehab. & Corr. Bur. of Sentence Computation, 2016-Ohio-5645.
Johnson v. Bowerman, No. 3:19-cv-01692 (N.D. Ohio July 25, 2023).
Ohio Rev. Code § 2929.41(C)(1): 2 cases
State ex rel. Sanford v. Bur. of Sentence Computation (Slip Opinion), 2017-Ohio-8723, 95 N.E.3d 342.
State ex rel. Stokes v. Ohio Dept. of Rehab. & Corr., 2023-Ohio-468.
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.
Davis v. Dept. of Rehab. & Corr., 2014-Ohio-4589.
State ex rel. Crenshaw v. Tatman, 598 N.E.2d 91 (Ohio Ct. App. 4th Dist. 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, 212 N.E.3d 984.
Davis v. Dept. of Rehab. & Corr., 2014-Ohio-4589.
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.
State ex rel. Davis v. Bur. Sentence Computation & Records Mgt., 2019-Ohio-4571.
Ohio Rev. Code § 2929.41(C)(4)(b): 1 case
State v. Glover, 2023-Ohio-1153, 212 N.E.3d 984.
Ohio Rev. Code § 2929.41(D): 1 case
Medina v. Papadelis, 2 Ohio App. Unrep. 490 (Ohio Ct. App. 9th Dist. 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. 6th Dist. 1984).
State v. Kesterson, 632 N.E.2d 565 (Ohio Ct. App. 6th Dist. 1993).
State v. Elam, 629 N.E.2d 442 (Ohio 1994).
State v. Gregory, 456 N.E.2d 839 (Ohio Ct. App. 1st Dist. 1982).
Ohio Rev. Code § 2929.41(E)(1): 2 cases
State v. Gregory, 456 N.E.2d 839 (Ohio Ct. App. 1st Dist. 1982).
State ex rel. Fowler v. Bowen, 2022-Ohio-3790.
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. 8th Dist. 2006).
State v. Elam, 629 N.E.2d 442 (Ohio 1994).
State ex rel. Hamann v. Ohio Dept. of Rehab. & Corr., 2002-Ohio-3528, 96 Ohio St. 3d 72.
Ohio Rev. Code § 2929.41(E)(3): 10 cases
State v. Perkins, 639 N.E.2d 833 (Ohio Ct. App. 8th Dist. 1994).
State v. Black, 604 N.E.2d 171 (Ohio Ct. App. 1st Dist. 1991).
State v. Kesterson, 632 N.E.2d 565 (Ohio Ct. App. 6th Dist. 1993).
State v. Sheets, 677 N.E.2d 818 (Ohio Ct. App. 4th Dist. 1996).
Maumee v. Hensley, 2019-Ohio-2050.
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. 11th Dist. 1990).
Ohio Rev. Code § 2929.41(EX4): 1 case
State v. Peters, 5 Ohio App. Unrep. 219 (Ohio Ct. App. 9th Dist. 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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