State v. Sparks

{¶ 8} I agree with the principal opinion's conclusion that this court lacks jurisdiction to consider the state's appeal, which challenges the trial court's decision to grant Sparks judicial release. Although R.C. 2929.20 makes it clear that Sparks is not an offender eligible for judicial release, R.C. 2953.08(B) does not permit the state to appeal the trial court's decision to grant judicial release to an offender convicted of a third-, fourth-, or fifth-degree felony.State v. Cunningham, 113 Ohio St.3d 108,2007-Ohio-1245, 863 N.E.2d 120, paragraph one of the syllabus.

{¶ 9} However,…