State v. Fisher

The central issues in this case are whether the state has an appeal as of right from the order granting shock probation and, if not, whether the decision to deny leave to appeal lies within the discretion of the appellate court.

Preliminarily, we concede validity to the state’s claim that the trial court erred in granting shock probation to the appellee. The authority of the court to grant shock probation pursuant to R.C. 2947.061 is subject to the restrictions contained in R.C. 2951.02 to 2951.09. The criteria for and against probation or suspension of sentence are set forth in R.C. 2951.02.…