STATE v. FISHER

No. 87-613.

35 Ohio St. 3d 22 (1988)

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

Supreme Court of Ohio.

Decided January 13, 1988.


Attorney(s) appearing for the Case

Robert L. Herron, prosecuting attorney, and Melissa Byers, for appellant.

Joseph J. Baronzzi, for appellee.


HERBERT R. BROWN, J.

The central issues in this case are whether the state has an appeal as of right from the order granting shock probation and, if not, whether the decision to deny leave to appeal lies within the discretion of the appellate court.

Preliminarily, we concede validity to the state's claim that the trial court erred in granting shock probation to the appellee. The authority of the court to grant shock probation pursuant to R.C. 2947.061 is subject...

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