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STATE v. KELLEY

No. 08AP-118.

2008 Ohio 3828

State of Ohio, Plaintiff-Appellant, v. Michael A. Kelley, Defendant-Appellee.

Court of Appeals of Ohio, Tenth District, Franklin County.

Rendered on July 31, 2008.

Attorney(s) appearing for the Case

Ron O'Brien, Prosecuting Attorney, and Richard A. Termuhlen, for appellant.

Ronald B. Janes, for appellee.

DECISION

TYACK, J.

{¶1} The State of Ohio is appealing the handling of a motion for judicial release which was sustained. The State of Ohio assigns two errors for our consideration:

[I.] UPON CONSIDERATION OF MOTIONS FOR JUDICIAL RELEASE FOR OFFENDERS CONVICTED OF A FELONY OF THE FIRST OR SECOND DEGREE, THE COURT IS BOUND TO MAKE FINDINGS UNDER R.C. 2929.20(H).

[II.] A COURT THAT GRANTS JUDICIAL RELEASE TO AN INMATE INCARCERATED...

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