STATE v. DRAPER

No. 90-258.

60 Ohio St. 3d 81 (1991)

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

Supreme Court of Ohio.

Decided June 5, 1991.


Attorney(s) appearing for the Case

Donald W. White, prosecuting attorney, and David H. Hoffmann, for appellee.

Randall M. Dana, public defender, Gregory L. Ayers and Kenneth R. Spiert, for appellant.


SWEENEY, J.

R.C. 2951.09 governs the authority of a trial court to revoke the probation previously granted a criminal defendant. Prior to its amendment effective November 20, 1990, R.C. 2951.09 provided:

"When a defendant on probation is brought before the judge or magistrate under section 2951.08 of the Revised Code, such judge or magistrate shall immediately inquire into the conduct of the defendant, and may terminate the probation and impose any sentence...

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