Ohio Rev. Code » Chapter 2941
Ohio Revised Code

Ohio Rev. Code § 2941.32 (2026)

Two or more indictments pending

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Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
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If two or more indictments or informations are pending against the same defendant for the same criminal act, the prosecuting attorney must elect upon which he will proceed, and upon trial being had upon one of them, the remaining indictments or information shall be quashed.
Notes of Decisions
Cited in 4 cases, 1962–2018 · leading case: State v. Luff, 621 N.E.2d 493 (Ohio Ct. App. 6th Dist. 1993).
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State v. Luff, 621 N.E.2d 493 (Ohio Ct. App. 6th Dist. 1993). “On August 31,1990, Luff filed a motion pursuant to R.C. 2941.32 to require the state to elect between case Nos.”
In re J.Y. A Minior Child, 2018-Ohio-2405, 114 N.E.3d 1221. “R.C. 2941.32 states that if "two or more indictments or informations are pending against the same defendant for the same criminal act, the prosecuting attorney must elect upon which he [or she] will proceed, and upon trial being had upon one of them, the remaining indictments or…”
State v. Porter, 603 N.E.2d 378 (Ohio Ct. App. 4th Dist. 1992). “Although these constitute separate offenses, only one sentence may be imposed for convictions under the subsections because these offenses *802 are allied offenses of similar import under R.C. 2941.32. State v. Mendieta (1984), 20 Ohio App.”
Rodriguez v. Sacks, 173 Ohio St. 456 (1962). · cites it 2× “Petitioner urges first that he was sentenced on six consecutive counts for the same offense, contrary to the provisions of Section 2941.32, Revised Code, which provides as follows: “If two or more indictments or informations are pending against the same defendant for the same…”
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