State v. Aspell

Appellant has moved “for an order to set bond during pendency of an appeal by the Plaintiff-Appellee to the Supreme Court of Ohio.” Appellee has requested a stay order.

This case is an appeal from a felony conviction. The court has found that the evidence was insufficient. See State v. Aspell (1966), 5 Ohio App. 2d 44. No final entry has been filed. Under our decision, the appropriate entry is one reversing the conviction, vacating the sentence, and ordering appellant’s discharge forthwith. See Section 2953.13, Eevised Code. It is apparent that such an order renders any suspension of sentence,…