State v. Bistarkey

We find that R.C. 2947.061’s language that its operation is [s]ubject to sections 2951.02 to 2951.09 of the Revised Code” plainly means that *9eligibility for probation under R.C. 2951.02 is a prerequisite to eligibility for shock probation under R.C. 2947.061. We therefore affirm the appellate court.

R.C. 2947.061(B), which allows a defendant to move for shock probation after serving six months of a sentence, read, at the time pertinent herein, in relevant part:

“Subject to sections 2951.02 to 2951.09 of the Revised Code * * *, the trial court may, upon the motion of the defendant, suspend the…