STATE v. ROBERTS

No. CA-85-10.

33 Ohio App. 3d 201 (1986)

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

Court of Appeals of Ohio, Morgan County.

Decided May 30, 1986.


Attorney(s) appearing for the Case

Richard L. Ross, prosecuting attorney, for appellant.

Clyde H. Collins, for appellee.

Jill R. Heck, urging reversal for amicus curiae Ohio Prosecuting Attorneys Association.


WISE, J.

This is an appeal from the September 16, 1985 judgment entered by the Court of Common Pleas of Morgan County, which granted defendant-appellee Kenneth Roberts' motion requesting suspension of his sentence and the granting of probation. Plaintiff-appellant, the state of Ohio, was granted leave to appeal and raises the following two assignments of error:

"I. The trial court was without jurisdiction to entertain a motion to suspend the sentence after...

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