Legal Opinion · Dissent

State v. Vlad

Ohio Court of Appeals

Decided June 4, 2003No. 02 AP 0775Published

1DissentDeGenaro, Judge

{¶ 20} I must respectfully dissent from the majority because the issue appealed by Vlad, whether the maximum sentence was properly imposed, is not ripe for this court’s review. Accordingly, I would dismiss this appeal.

{¶ 21} The state argues that Vlad was sentenced to only five years’ community control sanctions, not to a prison term of 12 months, as Vlad suggests. Thus, the state contends that this appeal is not ripe for our review. I find the state’s position to be consistent with the well-established principle that a claim is not ripe for appellate review unless the trial court has arrived…

2Cases cited11 opinions

  1. James A. Keller, Inc. v. FlahertyOhio Court of Appeals · 1991
  2. State v. BrownOhio Court of Appeals · 2000
  3. Baker v. McKnightOhio Supreme Court · 1983
  4. Eisenberg v. PeytonOhio Court of Appeals · 1978
  5. State v. BistrickyOhio Court of Appeals · 1990

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