STATE v. EDWARDS

Nos. C-860077 and -860078.

33 Ohio App. 3d 233 (1986)

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

Court of Appeals of Ohio, Hamilton County.

Decided August 13, 1986.


Attorney(s) appearing for the Case

Arthur M. Ney, Jr., prosecuting attorney, James Applegate and Judith A. Mullen, for appellee.

Cissell, Smith, Farrish & Stanceu and Timothy A. Smith, for appellant.


BLACK, J.

The principal issue raised in this appeal is whether a court has discretion under R.C. 5143.03 to sentence a male between the ages of twenty-one and thirty years to a reformatory rather than a penitentiary if he has previously been sentenced to a term in the reformatory but has been held in the county jail pending transportation to the reformatory. We hold that under these circumstances the convicted male has begun to serve a sentence in a correctional institution...

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