State v. Coffman, Unpublished Decision (12-29-1999)

Respectfully, I dissent. The majority finds ". . . based on previous decisions of this court, that the trial court's decision denying appellant's motion for shock probation is not a final appealable order. This Court has previously held that the denial of a motion for shock probation is not a final appealable order." (Majority Opinion at 3, citations omitted). A review of our previous decisions reveals this Court's position on this issue has been inconsistent at best. In State v. Mackey (May 6, 1981), Stark App. No. 5516, unreported, the defendant appealed the denial of his motion for shock…