STATE v. BRISKEY

No. 12 MA 63.

2012 Ohio 5340

STATE OF OHIO, PLAINTIFF-APPELLEE, v. RAYMOND BRISKEY, DEFENDANT-APPELLANT.

Court of Appeals of Ohio, Seventh District, Mahoning County.

November 14, 2012.


Attorney(s) appearing for the Case

Attorney Dana Lantz, Prosecuting Attorney, 26 South Phelps Street, Youngstown, Ohio 44503, for Plaintiff-Appellee.

Attorney John Ams, 134 Westchester Drive, Youngstown, Ohio 44515, for Defendant-Appellant.

Joseph J. Vukovich, Gene Donofrio and Cheryl L. Waite, Judges.


OPINION

VUKOVICH, J.

{¶1} Defendant-appellant Raymond Briskey appeals from the sentences entered in two misdemeanor cases. First, he argues that because the court is explicitly precluded from imposing jail for an unclassified misdemeanor, the court was not permitted to impose probation either because the main remedy for a probation violation is jail time. However, the statutes defining the offenses specifically order the sentencing court...

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