State v. Walton

Gorman, Presiding Judge.

In this appeal, we determine whether an offender convicted of a misdemeanor may refuse probation and insist upon the execution of a sentence of incarceration. Defendant-appellant Darlene Walton, having entered a no-contest plea to driving without a license, a misdemeanor of the first degree, seeks to have the trial court’s imposition of a two-year period of probation vacated. She argues that she has an absolute right to reject probation and to insist on serving the one-hundred-eighty-day sentence of imprisonment suspended by the court. As Ohio’s statutory scheme vests…