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STATE v. ASHBY

No. 96119.

2011 Ohio 5160

State of Ohio, Plaintiff-Appellant, v. Sean Ashby, Defendant-Appellee.

Court of Appeals of Ohio, Eighth District, Cuyahoga County.

Released and Journalized: October 6, 2011

Attorney(s) appearing for the Case

William D. Mason , Cuyahoga County Prosecutor, Mary McGrath , Assistant County Prosecutor, The Justice Center, 8th Floor, 1200 Ontario Street, Cleveland, Ohio 44113, Attorneys for Appellant.

Robert L. Tobik , Cuyahoga County Public Defender, John T. Martin , Assistant Public Defender, 310 Lakeside Avenue, Suite 400, Cleveland, Ohio 44113, Attorneys for Appellee.

BEFORE: Boyle, J., Blackmon, P.J., and Stewart, J.

JOURNAL ENTRY AND OPINION

MARY J. BOYLE, J.

{¶ 1} Plaintiff-appellant, state of Ohio, appeals the trial court's judgment sentencing defendant-appellee, Sean Ashby, to eight days in jail and to pay a $100 fine. The state claims the sentence is contrary to law. We agree, and reverse and remand.

Procedural History and Factual Background

{¶ 2} Ashby was charged with one count of theft and twelve counts of...

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