State v. Garretson

Full title: The State of Ohio, Appellant, v. Garretson, Appellee

Court: Supreme Court of Ohio

Date published: May 23, 2001

91 Ohio St. 3d 1267 (Ohio 2001)

746 N.E.2d 1127

Opinion

No. 00-1462.

Submitted April 3, 2001.

Decided May 23, 2001.

Appeal from the Court of Appeals for Warren County, No. CA99-10-123.

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.

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.

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.