Rule 29.09 Misdemeanors or Felonies - Conviction on Two or More Offenses - Sentences

When someone is sentenced on more than one crime, the judge has to say clearly whether the new sentence will be served at the same time as (concurrently) or after (consecutively) any other sentence the person is already serving. This decision has to be announced out loud when the judge hands down the sentence.

If the judge forgets to say how the sentences should be served, the law automatically treats them as running at the same time. In other words, silence favors the person being sentenced. This protects defendants from accidentally getting stacked sentences that add extra prison time without the judge actually deciding that should happen.

This rule matters because consecutive and concurrent sentences can mean the difference between years of extra prison time. It makes sure judges make this choice on purpose and say it clearly in court, instead of leaving it unclear or deciding later.