State v. Duncan

Ohio Supreme Court
State v. Duncan, 2000 Ohio 243 (Ohio 2000)
89 Ohio St. 3d 522

State v. Duncan

Opinion

[This opinion has been published in Ohio Official Reports at 89 Ohio St.3d 522.]

THE STATE OF OHIO, APPELLANT, v. DUNCAN, APPELLEE. [Cite as State v. Duncan, 2000-Ohio-243.] Criminal procedure—R.C. 2967.28—Post-release control—Court of appeals’ judgment reversed on authority of Woods v. Telb, cause remanded to trial court for judgment consistent with Woods, and defendant’s conviction for escape reinstated. (No. 00-730—Submitted July 25, 2000—Decided August 3, 2000.) APPEAL from the Court of Appeals for Hamilton County, No. C-990582. __________________ Michael K. Allen, Hamilton County Prosecuting Attorney, and Philip R. Cummings, Assistant Prosecuting Attorney, for appellant. __________________ {¶ 1} The discretionary appeal is allowed. The judgment of the court of appeals is reversed on the authority of Woods v. Telb (2000), 89 Ohio St.3d 504, 733 N.E.2d 1103, the cause is remanded to the trial court for judgment consistent with Woods, and defendant’s conviction for escape is reinstated. MOYER, C.J., RESNICK, F.E. SWEENEY, PFEIFER, COOK and LUNDBERG STRATTON, JJ., concur. DOUGLAS, J., dissents. __________________

Reference

Status
Published
Syllabus
Criminal procedure—R.C. 2967.28—Post-release control—Court of appeals' judgment reversed on authority of Woods v. Telb, cause remanded to trial court for judgment consistent with Woods, and defendant's conviction for escape reinstated.