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STATE EX REL. DALLMAN v. COURT OF COMMON PLEAS

No. 73-134.

35 Ohio St. 2d 176 (1973)

THE STATE, EX REL. DALLMAN, SUPT., LEBANON CORRECTIONAL INSTITUTION, APPELLANT, v. COURT OF COMMON PLEAS, FRANKLIN COUNTY, APPELLEE.

Supreme Court of Ohio.

Decided July 11, 1973.

Attorney(s) appearing for the Case

Mr. William J. Brown, attorney general, and Mr. Jack H. Cook, for appellant.

Mr. George C. Smith, prosecuting attorney, and Mr. William B. Shimp, for appellee.

STERN, J.

The issue on which this case was certified is whether the time limit set forth in R. C. 2947.061,1 to wit, "The court shall hear any such motion within sixty days after the filing date thereof and shall enter its ruling thereon within ten days thereafter," is mandatory, so as to divest of jurisdiction a trial court which fails to comply therewith. We find, however, that the jurisdictional...

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