City of Cleveland v. Scott

Respectfully, I dissent. In my view the appropriate disposition is affirmance. I would write the rationale for judgment this way—

The defendant-appellee, Walter Scott (defendant), plead no contest in Cleveland Municipal Court to violations of R.C. 4301.58(B) (selling, keeping, or possessing alcohol for sale without permit), and R.C. 4399.09 (keeping a place where liquor is sold in violation of law). For each violation the court imposed a fíne of $100, $50 suspended. 5

From this judgment the city of Cleveland appeals, assigning one error:

“The trial court erred in suspending part of the mandatory…