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STATE v. BUTTS

Nos. 90-653 and 90-675.

58 Ohio St. 3d 250 (1991)

THE STATE OF OHIO, APPELLEE, v. BUTTS, APPELLANT.

Supreme Court of Ohio.

Decided April 3, 1991.

Attorney(s) appearing for the Case

Robert D. Horowitz, prosecuting attorney, and Ronald Mark Caldwell, for appellee.

Robert G. Lavery, for appellant.

WRIGHT, J.

In a refreshing bit of candor during oral argument, counsel for the state admitted that the prosecution was as surprised by the consecutive sentence as the defendant. So are we.

At issue is the meaning of R.C. 2929.41, which provides, in part:

"(A) Except as provided in division (B) of this section, a sentence of imprisonment shall be served concurrently with any other sentence of imprisonment imposed by a court of this state, another state...

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