State v. Oxenrider

The sole issue presented by this appeal is whether the requirement of six months actual incarceration as a penalty for the violation of R. C. 2925.03 (A) (7) precludes the sentencing judge from exercising his discretion to modify defendant’s sentence pursuant to R. C. 2929.51 (A). Appellant contends that six months may be spent in a county jail or workhouse, while the state argues conversely that the time must be spent in a state penitentiary or reformatory. To resolve this issue we look to the definitional statute, R. C. 2925.01 (D), which provides, in pertinent part, that:

“ ‘Actual…