State v. Garretson, 91 Ohio St. 3d 1267

State v. Garretson

91 Ohio St. 3d 1267 | Ohio | 2001

Lead Opinion

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.

Dissenting Opinion

Lundberg Stratton, J.,

dissenting. 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.