State v. Barnhouse

{¶ 1} The issue presented in this case is whether a trial court may impose consecutive jail sentences under R.C. 2929.16(A)(2). We answer that question in the negative.

I

{¶ 2} On February 5, 1998, the Athens County Grand Jury indicted appellant, Stephen Barnhouse, on two counts of nonsupport of a dependent in violation of R.C. 2919.21(B). These violations were fifth-degree felonies. Although Barn-house initially pleaded not guilty, he changed his plea to guilty and entered a court-ordered diversion program. The trial court held the guilty plea in abeyance pending Barnhouse’s progression in the…