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STATE EX REL. CORRIGAN v. COURT OF COMMON PLEAS

No. 75-553.

45 Ohio St. 2d 187 (1976)

THE STATE, EX REL. CORRIGAN, PROS. ATTY., APPELLEE, v. COURT OF COMMON PLEAS; YOUNG, JUDGE, APPELLANT.

Supreme Court of Ohio.

Decided February 25, 1976.

Attorney(s) appearing for the Case

Mr. John T. Corrigan, prosecuting attorney, and Mr. James J. Sweeney, for appellee.

Messrs. Gold, Rotatori, Messerman & Hanna and Mr. Gerald A. Messerman, for appellant.

STERN, J.

The question presented is whether the proscriptions against probation within R. C. 2951.02(F) extend to the granting of "shock" or "delayed" probation pursuant to R. C. 2947.061.1

R. C. 2951.02, which sets forth the present criteria and conditions for probation, states in subsection (F) that "[a]n offender shall not be placed on probation when any of the following applies:

"(1) The offense involved is aggravated...

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