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.
[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),
, 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.
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