STATE v. THEISS

No. CA87-10-131.

48 Ohio App. 3d 251 (1988)

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

Court of Appeals of Ohio, Butler County.

Decided May 31, 1988.


Attorney(s) appearing for the Case

John F. Holcomb, prosecuting attorney, and Noah E. Powers II, for appellee.

Michael D. Shanks, for appellant.


YOUNG, J.

This is an appeal from a judgment of the Court of Common Pleas of Butler County determining that defendant-appellant, Steven H. Theiss, was ineligible for probation by reason of the fact that he was "armed" with a firearm at the time of the offense. The facts giving rise to the appeal are not in dispute, and are as follows.

On May 1, 1987, appellant was arrested by an officer of the Hamilton Police Department while sitting alone in his motor vehicle...

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