STATE v. HENDERSON

No. 78-1158.

58 Ohio St. 2d 171 (1979)

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

Supreme Court of Ohio.

Decided May 16, 1979.


Attorney(s) appearing for the Case

Mr. John T. Corrigan, prosecuting attorney, and Mr. Regis E. McGann, for appellant.

Mr. Lynn A. Lazzaro and Mr. Jonathan H. Soucek, for appellee.


CELEBREZZE, C. J.

Appellant has raised a sole proposition of law that reads as follows: "When a trial judge accepts a plea of a guilty of an accused, this operates as a conviction despite the fact that the judge delays sentencing." More specifically, the issue to be resolved on this appeal concerns the intent of the General Assembly in enacting the phrase "previously been convicted of a theft offense" as it is used in R. C. 2913.02(B).

The provisions of that...

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