STATE v. PANELLA

Appellate No. 23628.

2010 Ohio 3354

State of Ohio, Plaintiff-Appellant, v. John Samuel Panella, Defendant-Appellee.

Court of Appeals of Ohio, Second District, Montgomery County.

Rendered on July 16, 2010.


Attorney(s) appearing for the Case

Mathias H. Heck, Jr., by Johnna M. Shia, Atty. Reg. #0067685, Montgomery County Prosecutor's Office, Appellate Division, Montgomery County Courts Building, P.O. Box 972, 301 West Third Street, Dayton, Ohio 45422, Attorney for Plaintiff-Appellant.

Michael B. Miller, Atty. Reg. #0079305, Rogers & Greenberg, LLP, 2160 Kettering Tower, Dayton, Ohio 45423, Attorney for Defendant-Appellee.


OPINION

BROGAN, J.

{¶ 1} The State of Ohio appeals from the trial court's termination entry ordering appellee John Panella to serve a sixty-day term at a local treatment facility to be followed by up to five years of community control.

{¶ 2} In its sole assignment of error, the State contends Panella's sentence is contrary to law because the trial court neglected to impose a mandatory sixty-day prison term.

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