Sager v. Haskins

It is petitioner’s contention that when he was sent to the penitentiary on his sentence for malicious entry in 1958, his 1955 sentence for larceny again began to run so that it has now expired. It is petitoner’s argument that under the provisions of Section 2965.35, Revised Code, sentences run consecutively only if so provided by the entry of sentence. This section relates only to eligibility for parole and has no relationship to the actual running of sentences. Stewart v. Maxwell, Warden, 174 Ohio St. 180.

*89Concurrent sentences require a positive act of the trial court, and, in the absence of…