State v. Larkins, Unpublished Decision (8-8-2003)
State v. Larkins, Unpublished Decision (8-8-2003)
Opinion of the Court
OPINION
{¶ 1} On March 7, 2002, the Richland County Grand Jury indicted appellant, Thomas Larkins, on one count of escape in violation of R.C.{¶ 2} On September 30, 2002, appellant filed a motion to dismiss, claiming the indictment was a retroactive application of the law as he was in prison prior to the escape statute's applicability to parolees. By judgment entry filed November 19, 2002, the trial court denied said motion.
{¶ 3} On November 20, 2002, appellant pled no contest. The trial court found appellant guilty. By judgment entry filed November 22, 2002, the trial court sentenced appellant to one year in prison.
{¶ 4} Appellant filed an appeal and this matter is now before this court for consideration. Assignment of error is as follows:
{¶ 7} On May 23, 1994, appellant was sentenced to an aggregate term of four to fifteen years in prison. On August 21, 2000, appellant was released from prison and placed on parole. On October 10, 2000, appellant failed to report to his parole officer. As a result, appellant was charge with escape in violation of R.C.
{¶ 8} "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."
{¶ 9} Prior to October 4, 1996, "detention" did not include supervision of probation or parole. R.C.
{¶ 10} Appellant argues because the escape statute became applicable while he was in prison, the "application of the new ORC
{¶ 11} In State v. Goode, Cuyahoga App. No. 80525,2002-Ohio-3789, ¶ 20, the Eighth District reviewed this issue and found, in light of the March 17, 1998 amendment to R.C.
{¶ 12} Upon review, we find the applicability of R.C.
{¶ 13} The sole assignment of error is denied.
{¶ 14} The judgment of the Court of Common Pleas of Richland County, Ohio is hereby affirmed.
By Farmer, J., Gwin, P.J., and Edwards, J. concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.