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· 4/6/2023

Cleveland v. Hess

Citations

  • 2023 Ohio 1147

Syllabus

R.C. 2951.022 concurrent supervision longest possible term of incarceration. Offender was sentenced to a term of community-control sanctions with a possible term of incarceration of 180 days in a municipal court. While under supervision with the municipal court, offender was convicted of felony offenses in a court of common pleas and sentenced to a term of community control with a possible term of incarceration of 42 months. When sentenced on the felony offenses and placed on community-control supervision with the court of common pleas, offender was a \concurrent supervision offender\ pursuant to R.C. 2951.022(A)(1)(c). As such, offender was subject to supervision by only the court in which he faced the longest possible term of incarceration. R.C. 2951.022(B)(1). Because offender faced a longer term of incarceration in the court of common pleas, offender's motion in the municipal court to terminate his probation should have been granted.

Judges: Sheehan

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