State v. Harris

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 to the trial court.

R.C. 2947.061,1 which is generally referred to as the “shock probation” statute, see State ex rel. Corrigan v. Court of Common…