STATE v. HARRIS

No. 91-1557.

66 Ohio St.3d 89 (1993)

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

Supreme Court of Ohio.

Decided April 7, 1993.


Attorney(s) appearing for the Case

Gregory A. White, Prosecuting Attorney, and Jonathan E. Rosenbaum, Assistant Prosecuting Attorney, for appellant.

Bradley & Giardini Co., L.P.A., and Jack W. Bradley, for appellee.


A. WILLIAM SWEENEY, J.

The dispositive issue in this appeal is whether the requirement of former R.C. 2951.03, that a trial court consider a written presentence investigation report before granting shock probation, is jurisdictional. For the reasons that follow, we hold that such a written report is a necessary condition precedent before a trial court can grant such probation, and, therefore, we reverse the judgment of the court of appeals below and remand the cause...

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