State v. Sharp, 21958 (3-28-2008)

OPINION

{¶ 1} The State of Ohio appeals from the judgment of the Dayton Municipal Court whereby the court granted appellee, Dujuan C. Sharp, early release from his prison sentence.

{¶ 2} On August 22, 2006, Sharp was convicted of assault and was sentenced to 180 days in jail with 14 days credited for pre-trial confinement. On November 28, 2006, Sharp moved for early release contending he had served 108 days of his 180-day sentence and that his disability benefits would be terminated if he continued to be incarcerated. On the same day, the trial court granted Sharp's motion and placed him on…