State v. Ervin

Patton, Presiding Judge.

The state of Ohio (the “state”) appeals from the trial court’s sentencing order placing defendant-appellee on probation after the jury returned a guilty verdict for one count of aggravated robbery (R.C. 2911.01) and a not guilty verdict on the accompanying firearm specification. The state contends that the appellee is ineligible for probation pursuant to R.C. 2951.02(F)(3) despite the jury’s not guilty verdict on the firearm specification. We agree with the state’s assertion.

The following assignment of error is presented for our review:

“The trial court erred by placing…