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STATE v. McCARDLE

No. 09AP-889.

2010 Ohio 748

State of Ohio, Plaintiff-Appellee, v. Howard S. McCardle, Defendant-Appellant.

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

Rendered on March 2, 2010.

Attorney(s) appearing for the Case

Ron O'Brien, Prosecuting Attorney, and Sarah W. Creedon, for appellee.

Howard S. McCardle, pro se.

DECISION

TYACK, P.J.

{¶1} Howard S. McCardle is appealing from the trial court's refusal to grant him shock probation. He assigns a single error for our consideration:

THE TRIAL COURT CLEARLY ERRED TO THE PREJUDICE OF THE DEFENDANT-APPELLANT, BY APPLYING THE WRONG STATUTE TO THE DEFENDANT'S CASE, RC 2929.20 INSTEAD OF THE PROPER STATUTE RC 2947.061, AND FAILING TO GRANT RELIEF REQUESTED.

{¶2} In 1983, McCardle...

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