State v. Theisen

Although the primary question here is one only of the admissibility of evidence, the resolution of that question requires a consideration of the probation procedure in Ohio.

The statutory provisions relating to probation are found in Sections 2951.01 to 2951.10, inclusive, Revised Code. These sections of the Code furnish the only source of a court’s authority to grant, withhold or terminate probation. State, ex rel. Gordon, v. Zangerle, County Aud., 136 Ohio St., 371, 26 N. E. (2d), 190.

Section 2951.09, Revised Code, provides in part:

“When a defendant on probation is brought before the judge…