State v. Belcher

{¶ 36} I respectfully dissent from the majority opinion for two reasons. First, I do not find Cunningham dispositive of the state's first argument on appeal. The facts of Cunningham are narrow and specific, dealing with a motion for judicial release that was timely filed, subsequently withdrawn, and then refiled untimely. Furthermore, Cunningham's analysis and holding involved judicial release modifying a sentence for felonies of the third, fourth, and fifth degrees, whereas Belcher's judicial release involves felonies of the first and second degrees. Thus, I would find that the state has a…