(A) If a person is convicted of any bailable offense, including, but not limited to, a violation of an ordinance of a municipal corporation, in a municipal or county court or in a court of common pleas and if the person gives to the trial judge or magistrate a written notice of the person's intention to file or apply for leave to file an appeal to the court of appeals, the trial judge or magistrate may suspend, subject to division (A)(2)(b) of section 2953.09 of the Revised Code, execution of the sentence or judgment imposed for any fixed time that will give the person time either to prepare and file, or to apply for leave to file, the appeal. In all bailable cases, except as provided in division (B) of this section, the trial judge or magistrate may release the person on bail in accordance with section 2937.011 of the Revised Code, and the bail shall at least be conditioned that the person will appeal without delay and abide by the judgment and sentence of the court.
(B) Notwithstanding any provision of section 2937.011 of the Revised Code to the contrary, a trial judge of a court of common pleas shall not release on bail pursuant to division (A) of this section a person who is convicted of a bailable offense if the person is sentenced to imprisonment for life or if that offense is a violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2905.01, 2905.02, 2905.11, 2907.02, 2909.02, 2911.01, 2911.02, or 2911.11 of the Revised Code or is felonious sexual penetration in violation of former section 2907.12 of the Revised Code.
(C) If a trial judge of a court of common pleas is prohibited by division (B) of this section from releasing on bail pursuant to division (A) of this section a person who is convicted of a bailable offense and not sentenced to imprisonment for life, the appropriate court of appeals or two judges of it, upon motion of such a person and for good cause shown, may release the person on bail in accordance with section 2937.011 of the Revised Code and Appellate Rule 8, and the bail shall at least be conditioned as described in division (A) of this section.
Last updated July 18, 2023 at 12:34 PM
Notes of Decisions
Cited in 15
cases (2 in the last 5 years), 1954–2026 · leading case: State v. Martinez, 2016 Ohio 5515 (Ohio Ct. App. 2016).
State v. Martinez, 2016 Ohio 5515 (Ohio Ct. App. 2016). · cites it 4דIn its first assignment of error, the state argues that the trial court lacked authority to stay the sex offender registration requirements imposed as part of Martinez’s sentence under R.C. 2949.02(A) and 2953.09(A)(2)(a).1 In its second assignment of error, the state argues…”
Coleman v. McGettrick, 207 N.E.2d 552 (Ohio 1965). · cites it 2דSection 2949.02, Revised Code, provides: “When a person has been convicted of any bailable offense, including the violation of an ordinance of a municipal corporation, in the Court of Common Pleas or by any court or magistrate inferior to the Court of Common Pleas, and such…”
State v. Hale, 2019 Ohio 3466 (Ohio Ct. App. 2019). “See also R.C. 2949.02(A); App.R. 8(A). The trial court’s order denying Mr.”
State v. Johnson, 2021 Ohio 4447 (Ohio Ct. App. 2021). “02(A) permits bail pending appeal, and provides: If a person is convicted of any bailable offense, including, but not limited to, a violation of an ordinance of a municipal corporation, in a municipal or county court or in a court of common pleas and if the person gives to the…”
State ex rel. Silcott v. Spahr, 552 N.E.2d 926 (Ohio 1990). · cites it 3ד46, on the one hand, and R.C. 2949.02 and 2953.09, on the other, as a conflict involving procedural matters.”
State v. Kraguljac, 530 N.E.2d 970 (Ohio Ct. App. 1988). “Authority to stay the execution of a sentence once imposed is as set forth in R.C. 2949.02 and 2949.03, unless parole is granted (R.”
State v. Sheppard, 124 N.E.2d 730 (Ohio Ct. App. 1955). · cites it 8ד’’ This court held that one convicted of a crime in which life imprisonment was the penalty pro/ided by the law defining the crime of which the defendant was convicted cannot be admitted to bail by reason of Section 2949.02, Revised Code, which provides as follows: *495 ‘1 When…”
State v. Sanders, 605 N.E.2d 1265 (Ohio Ct. App. 1992). “05 provides that the trial court must order execution of the sentence subject to its power to modify under R.”
State v. Carlisle, 2019 Ohio 4651 (Ohio Ct. App. 2019). “103572, 2016-Ohio- 5515, ¶39 (“Thus, ‘sentence’ as used in R.C. 2949.02(A) and 2953.09(A)(2)(a) includes the requirement that a defendant register as a sex offender”).”
State v. Weemes, 2020 Ohio 140 (Ohio Ct. App. 2020). “The trial court noted this authority, and also articulated “due consideration” in denying appellant’s motion. On April 16, 2019, we denied appellant’s application for bail to this court, noting the numerous felony drug trafficking and possession offenses, 22.”
State v. Hawkins, 124 N.E.2d 453 (Ohio Ct. App. 1954). · cites it 2ד) Section 2949.02, Eevised Code (formerly Section 13453-1, General Code), provides the authority of the so-called inferior court to suspend execution and admit to bail, the pertinent portions of such section being: “When a person has been convicted of any bailable offense * * *…”
State v. Grenoble, 2012 Ohio 5961 (Ohio Ct. App. 2012). “The state, on the other hand, argues that the trial court imposed sentence well before the effective date of H.”
State v. Martinez, 2016 Ohio 5515 (Ohio Ct. App. 2016). “In its first assignment of error, the state argues that the trial court lacked authority to stay the sex offender registration requirements imposed as part of Martinez’s sentence under R.C. 2949.02(A) and 2953.09(A)(2)(a).1 In its second assignment of error, the state argues…”
State v. Hale, 2019 Ohio 3466 (Ohio Ct. App. 2019). “See also R.C. 2949.02(A); App.R. 8(A). The trial court’s order denying Mr.”
State v. Johnson, 2021 Ohio 4447 (Ohio Ct. App. 2021). “02(A) permits bail pending appeal, and provides: If a person is convicted of any bailable offense, including, but not limited to, a violation of an ordinance of a municipal corporation, in a municipal or county court or in a court of common pleas and if the person gives to the…”
State v. Carlisle, 2019 Ohio 4651 (Ohio Ct. App. 2019). “103572, 2016-Ohio- 5515, ¶39 (“Thus, ‘sentence’ as used in R.C. 2949.02(A) and 2953.09(A)(2)(a) includes the requirement that a defendant register as a sex offender”).”
State ex rel. Silcott v. Spahr, 552 N.E.2d 926 (Ohio 1990). “46, on the one hand, and R.C. 2949.02 and 2953.09, on the other, as a conflict involving procedural matters.”
Ohio Rev. Code § 2949.02(B): 1 case
State ex rel. Silcott v. Spahr, 552 N.E.2d 926 (Ohio 1990). “46, on the one hand, and R.C. 2949.02 and 2953.09, on the other, as a conflict involving procedural matters.”
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