STATE v. NAPIER

No. 00-1609.

93 Ohio St.3d 646 (2001)

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

Supreme Court of Ohio.

Decided December 19, 2001.


Attorney(s) appearing for the Case

Robert D. Horowitz, Stark County Prosecuting Attorney, and Frederic R. Scott, Assistant Prosecuting Attorney, for appellant.

Barry T. Wakser, for appellee.


MOYER, C.J.

The state of Ohio appeals the decision of the Stark County Court of Appeals that reversed the trial court's denial of defendant's motion for credit toward prison time for days served at a community-based correctional facility ("CBCF").

On May 29, 1998, David Napier was indicted for violating R.C. 2925.11(A) for possession of cocaine, a fifth-degree felony. Napier pleaded guilty and was sentenced to three years of community control...

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