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1 Ohio App. Unrep. 377

State v. Kean

Ohio Court of Appeals

Decided January 25, 1990

Ohio Court of Appeals · decided 1990-01-25

Relies on 40 Ohio App. 3d 123 - State v. Jones

Decided 1990-01-25

BROGAN, J.,

¶1Concurring:

¶2I respectfully concur in the opinion of my colleagues. However, 1 feel that the denial of super shock probation is reviewable upon appeal. This court has held that the denial of shock probation is not reviewable in the absence of a violation of some constitutional or "statutory standard." State v. Jones (1987), 40 Ohio App. 3d 123. In granting or denying super shock probation, the trial judge is subject to some statutory standard, to wit, RC. 2951.02(A). The denial of super shock probation does affect a substantial right in a special proceeding.

BROGAN, J., of the Second Appellate District, sitting by assignment in the teeth Appellate District.
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