STATE v. MILANO

No. 57501.

65 Ohio App.3d 284 (1989)

The STATE of Ohio, Appellee, v. MILANO, Appellant.

Court of Appeals of Ohio, Cuyahoga County.

Decided November 13, 1989.


Attorney(s) appearing for the Case

John T. Corrigan, Prosecuting Attorney, and Ronald James, Assistant Prosecuting Attorney, for appellee.

A. Richard Valore, for appellant.


Per Curiam.

In an accelerated appeal, defendant Lee M. Milano argues that the trial court erroneously refused to hear or consider his motion for shock probation.

Shock probation is unavailable to a defendant serving a period of "actual incarceration." R.C. 2947.061. Milano claims he was not sentenced to a period of actual incarceration, but, rather, he was given a "mandatory" sentence.

R.C. 2925.03(C)(4) mandated the imposition of an eighteen...

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