State ex rel. Owens v. McClure
This text of 354 N.E.2d 921 (State ex rel. Owens v. McClure) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Although R. C. 2929.22 does enumerate criteria for use by courts in determining misdemeanor sentences of imprisonment or fines, or both, there is no conflict therein with the mandatory minimum three-day imprisonment provision of R. C. 4511.99(A). The criteria afforded by R. C. 2929.22 are still available for use by courts in determining severity of sentence beyond the statutory minimum. Such minimum sentence is properly within the scope of the General Assembly’s adoption of the Criminal Code.
For reason of the foregoing, the writs of prohibition are denied.
Writs denied.
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Cite This Page — Counsel Stack
354 N.E.2d 921, 48 Ohio St. 2d 1, 2 Ohio Op. 3d 1, 1976 Ohio LEXIS 692, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-owens-v-mcclure-ohio-1976.