Legal Opinion · Dissent

State v. Curtis

Ohio Court of Appeals

Decided February 9, 2001No. Appeal No. C-000383, Trial No. B-9904862Published

1DissentPainter, Judge

The majority claims that the prison sentence must have been part of the community-control sanction. I fail to see that something that walks like a duck, talks like a duck, and acts like a duck can be called a chicken to fit it into a statutory scheme that no longer permits ducks. What we really have here is a throwback to the way things used to be. The only way I can interpret what the trial court did is to regard the eleven-month sentence the court “imposed” as simply a notice to Curtis that she would receive that sentence if she violated community control. Thus, the trial court specifically…

2Cases cited5 opinions

  1. State v. BrownOhio Court of Appeals · 2000
  2. State v. VirasayachackOhio Court of Appeals · 2000
  3. State v. CraigOhio Court of Appeals · 1998
  4. State v. MarvinOhio Court of Appeals · 1999
  5. State v. CarterOhio Court of Appeals · 1999

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