State v. Peoples

{¶ 16} Although former R.C. 2929.20(B)(3) may have been inartfully drafted, I would hold that its application does not deny equal protection to offenders in appellee’s situation. I would reverse the judgment of the court of appeals.

{¶ 17} Appellee was sentenced to a five-year prison term after he pled guilty to a second-degree felony and also received a three-year mandatory term for a firearm specification, to be served consecutively. Since appellee received exactly five years for the felony, he was ineligible for judicial release under former R.C. 2929.20(B)(3) because he was required to…