State v. Willis

Citations

• 2026 Ohio 452

Syllabus

Misdemeanor sentencing; definite jail term; suspended sentence; community control; R.C. 2929.24; R.C. 2929.25; R.C. 2929.41(A); concurrency; felony prison term; contrary to law; sentencing error; illegal sentence; jail-time credit; remand for resentencing; statutory authority; ripeness; cross-appeal; jurisdiction. When a trial court imposes a definite misdemeanor jail term under R.C. 2929.24, it may not suspend that jail term unless it also imposes community-control sanctions in accordance with R.C. 2929.25; a sentence that imposes definite misdemeanor jail terms but suspends them without community control is contrary to law. Further, absent a statutory exception, R.C. 2929.41(A) requires misdemeanor jail terms to be run concurrently with a felony prison term imposed in the same case, and a sentencing entry that suspends the misdemeanor jail terms rather than imposing a lawful concurrent disposition is subject to correction on direct appeal.