State v. Coffman, Unpublished Decision (07-02-2001)
State v. Coffman, Unpublished Decision (07-02-2001)
Opinion of the Court
On November 16, 2000, the day of his release from the Southeastern Correctional Institution in Fairfield County, Ohio, appellant signed a post-release control reporting order. Said order instructed appellant to report to his state parole officer, David E. Switzer, in Mansfield, Ohio, on November 17, 2000, at 9:00 a.m. This order also indicated appellant was being placed on basic supervision. Appellant failed to report to his parole officer. Subsequently, the chief of the Adult Parole Authority declared appellant to be a "violator-at-large." After being arrested on a misdemeanor theft charge in Columbus, Ohio, appellant was placed in the custody of the Ohio Department of Rehabilitation and Corrections on December 16, 2000. Appellant was released on the same day. The Adult Parole Authority charged appellant with two violations of his post-release control and conducted a hearing on these charges on December 29, 2000. At the hearing, appellant admitted violating the two conditions of his supervision. Appellant signed his conditions of supervision on January 16, 2001.
The Holmes County Grand Jury indicted appellant on one count of escape, in violation of R.C.
It is from this conviction and sentence appellant prosecutes his appeal, raising the following assignments of error:
I. THE TRIAL COURT ERRED IN DENYING DEFENDANT/APPELLANT'S MOTION TO DISMISS HIS INDICTMENT FOR ESCAPE UNDER ORC
2921.34 (A)(1) BASED SOLELY UPON HIS FAILURE TO REPORT TO POST RELEASE CONTROL AFTER HAVING SERVED ALL OF HIS STATED PRISON SENTENCE.II. THE TRIAL COURT ERRED IN DENYING DEFENDANT/APPELLANT'S MOTION TO DISMISS HIS INDICTMENT ISSUED IN HOLMES COUNTY WHEN HE HAD BEEN ORDERED AND FAILED TO REPORT FOR POST RELEASE CONTROL IN RICHLAND COUNTY.
This case comes to us on the accelerated calender. App. R. 11.1, which governs accelerated calender cases, provides, in pertinent part:
(E) Determination and judgment on appeal.
The appeal will be determined as provided by App. R. 11.1. It shall be sufficient compliance with App. R. 12(A) for the statement of the reason for the court's decision as to each error to be in brief and conclusionary form.
The decision may be by judgment entry in which case it will not be published in any form.
This appeal shall be considered in accordance with the aforementioned rule.
Appellant was convicted of escape, as defined in R.C. 2921.(A)(1):
(A)(1) No person, knowing the person is under detention or being reckless in that regard, shall purposely break or attempt to break the detention, or purposely fail to return to detention, either following temporary leave granted for a specific purpose or limited period, or at the time required when serving a sentence in intermittent confinement.
The statutory definition of who is considered "under detention" is found in R.C.
arrest; confinement in any vehicle subsequent to an arrest; confinement in any public or private facility for custody of persons charged with or convicted of crime in this state or another state or under the laws of the United States * * * or supervision by an employee of the department of rehabilitation and correction of a person on any type of release from a state correctional institution. (Emphasis added).
Despite appellant's not signing his conditions of supervision prior to his being indicted for escape, we find appellant knew he was under detention as he was so advised in the post-release control reporting order which he signed the day he was released from the penal institution. Appellant's signature on the conditions of supervision document was not required to establish a violation for failing to report as ordered.
Appellant's first assignment of error is overruled.
R.C.
Because the sentence from which appellant was placed on post-control release originated out of Holmes County, we find venue was proper in Holmes County on the instant escape charge.
Appellant's second assignment of error is overruled.
The judgment of the Holmes County Court of Common Pleas is affirmed.
Hoffman, P.J.
Farmer, J. and Boggins, J. concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.