Ohio Rev. Code » Chapter 2949
Ohio Revised Code

Ohio Rev. Code § 2949.05 (2026)

Execution of sentence or judgment

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Effective:
March 17, 1987
Latest Legislation:
House Bill 412 - 116th General Assembly
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If no appeal is filed, if leave to file an appeal or certification of a case is denied, if the judgment of the trial court is affirmed on appeal, or if post-conviction relief under section 2953.21 of the Revised Code is denied, the trial court or magistrate shall carry into execution the sentence or judgment which had been pronounced against the defendant.
Notes of Decisions
Cited in 10 cases, 1986–2019 · leading case: State v. Garretson, 748 N.E.2d 560 (Ohio Ct. App. 12th Dist. 2000).
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State v. Garretson, 748 N.E.2d 560 (Ohio Ct. App. 12th Dist. 2000). · cites it 2× “Such authority is governed by R.C. 2949.05. R.C. 2949.05 provides: “In no appeal is filed, if leave to file an appeal or certification of a case is denied, if the judgment of the trial court is affirmed on appeal, or if post-conviction relief under section 2953.”
State v. Carlisle, 2011-Ohio-6553, 961 N.E.2d 671. “Allan Regas, Assistant Prosecuting Attorney, for appellee. Robert L. Tobik, Cuyahoga County Public Defender, and Erika B.”
State v. Sanders, 605 N.E.2d 1265 (Ohio Ct. App. 1st Dist. 1992). · cites it 3× “R.C. 2949.05 provides that trial courts shall carry into execution the sentences or judgments which have been pronounced against defendants.”
State v. Garretson, 91 Ohio St. 3d 1267 (2001). “Rather, I would find that pursuant to R.C. 2949.05, the trial court had jurisdiction to execute its sentence.”
State v. Kraguljac, 530 N.E.2d 970 (Ohio Ct. App. 9th Dist. 1988). “061). The R.C. Chapter 2949 sections deal with stays of execution of sentence when the defendant perfects an appeal from his conviction.”
State v. Roberts, 515 N.E.2d 619 (Ohio Ct. App. 5th Dist. 1986). · cites it 5× “The state cites R.C. 2949.05 in support, apparently arguing that the statute requires a trial court to carry into execution the sentence originally pronounced against the defendant.”
State v. Fizer, 2016-Ohio-8384. “{¶ 9} We further find that the trial court erred in staying the felony sentence until completion of the misdemeanor sentences, given the clear mandate in R.C. 2949.05 that the court “shall carry into execution the sentence or judgment.”
State v. Kiser, 2019-Ohio-3603, 142 N.E.3d 1257. · cites it 9× “R.C. 2949.05 establishes the trial court’s duty to impose the remainder of a previously pronounced sentence without modification following appellant’s unsuccessful appeal.”
State v. Cottrell, 2013-Ohio-2912. “See R.C. 2949.05; State v. Carlisle, 8th Dist.”
State v. Garretson, 91 Ohio St. 3d 1267 (2001). “Rather, I would find that pursuant to R.C. 2949.05, the trial court had jurisdiction to execute its sentence.”
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