State v. Kean

Defendant, Jason Kean, appeals from a decision of the Franklin County Court of Common Pleas denying him probation and raises the following assignment of error:

"The trial court erroneously concluded that it was without authority to further consider appellant's motion for super shock probation subject to placement in the Pilot Program, when it was generally known and accepted by judges of the Common Pleas Court that the screening for placement in such program took place only after an initial denial of probation."

The salient facts are undisputed. Defendant was convicted of aggravated robbery and…