City of Euclid v. Brackis

Patton, Judge.

In 1995, a jury found defendant Daniel Brackis guilty of driving while under the influence and driving while under suspension. The court sentenced defendant to one year in prison (the maximum term of incarceration) and placed him on five years’ active probation (the maximum term of probation). On appeal, we affirmed the convictions but reversed the probation order because we found that the court could not impose probation in addition to a maximum sentence. Since the court had not suspended any part of defendant’s sentence, we remanded the matter to the court “for a determination…