Legal Opinion · Dissent

State v. Barnhouse

Ohio Supreme Court

Decided June 2, 2004No. Nos. 2003-0249 and 2003-0313Published

1DissentLundberg Stratton, J.

{¶ 20} I respectfully dissent from the majority’s holding that a trial court may not impose consecutive jail sentences under R.C. 2929.16(A)(2). R.C. 2929.16(A) provides: “The court imposing a sentence for a felony * * * may impose any community residential sanction or combination of community residential sanctions under this section.” (Emphasis added.)

{¶ 21} The General Assembly used the singular of the word “felony,” indicating that each felony could warrant a separate sentence. In my view, had the General Assembly intended to prohibit consecutive jail sentences for each felony, it could…

2Cases cited1 opinion

  1. State v. CulganOhio Court of Appeals · 2001

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