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STATE v. LETT

No. C-77500.

58 Ohio App. 2d 45 (1978)

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

Court of Appeals of Ohio, Hamilton County.

Decided July 26, 1978.

Attorney(s) appearing for the Case

Mr. Simon L. Leis, Jr., prosecuting attorney, Mr. Terry D. Gaines, and Ms. Henrietta M. Bain, for appellee.

Mr. Maury M. Tepper, for appellant.

BLACK, J.

The issue raised by this appeal is whether a Court of Common Pleas had jurisdiction or authority1 to dispose of a motion for shock probation under R. C. 2947.061 after the defendant has filed his motion of appeal from the underlying judgment. For the reasons set out below, we hold that the trial court has jurisdiction over a shock probation motion and may proceed to dispose of that motion while the appeal is pending.

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