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STATE v. WEAVER

Nos. 87-1234 and 87-1235.

38 Ohio St. 3d 160 (1988)

THE STATE OF OHIO, APPELLEE, v. WEAVER, APPELLANT. CITY OF HUBER, HEIGHTS, APPELLEE, v. WEAVER, APPELLANT.

Supreme Court of Ohio.

Decided August 10, 1988.

Attorney(s) appearing for the Case

J. Anthony Sawyer, director of law, Vincent P. Popp, city prosecutor, and John J. Scaccia, for appellee state of Ohio.

Altick & Corwin and Robert B. Berner, for appellee city of Huber Heights.

Randall M. Dana, public defender, and Wendie A. Gerus, for appellant.

Calfee, Halter & Griswold, John E. Gotherman and Stanley J. Dobrowski, urging affirmance for amicus curiae, Ohio Municipal League.

SWEENEY, J.

It is the contention of appellees that an indigent criminal defendant is not constitutionally entitled to have appellate counsel appointed on his behalf where his conviction does not result in actual incarceration. We need not address this issue however because it is our conclusion that the court of appeals was correct in determining that appellant was not, in fact, indigent.

R.C. 120.05 governs...

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