State v. Garretson

[This decision has been published in Ohio Official Reports at 

.]




           THE STATE OF OHIO, APPELLANT, v. GARRETSON, APPELLEE.
                     [Cite as State v. Garretson, 

.]
Appeal dismissed as improvidently allowed because the issue is now moot.
          (No. 00-1462—Submitted April 3, 2001—Decided May 23, 2001.)
    APPEAL from the Court of Appeals for Warren County, No. CA99-10-123.
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          {¶ 1} The cause is dismissed, sua sponte, as having been improvidently
allowed because the issue is now moot.
          MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER and COOK, JJ.,
concur.
          LUNDBERG STRATTON, J., dissents.
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          LUNDBERG STRATTON, J., dissenting.
          {¶ 2} I respectfully dissent from the majority’s decision to dismiss the cause
as moot. Rather, I would find that pursuant to R.C. 2949.05, the trial court had
jurisdiction to execute its sentence. Therefore, I would reverse the judgment of the
court of appeals and reinstate the judgment of the trial court.
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          Timothy A. Oliver, Warren County Prosecuting Attorney, and Kenneth A.
Ewing, Assistant Prosecuting Attorney, for appellant.
          James N. Perry, for appellee.
          Betty D. Montgomery, Attorney General, David M. Gormley, State
Solicitor, and Jonathan R. Fulkerson, Assistant Attorney General, urging reversal
for amicus curiae, Attorney General of Ohio.
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