COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                            No. 77428
                                    ACCELERATED DOCKET
STATE OF OHIO                 :
                              :       JOURNAL ENTRY
          Plaintiff-appellant :
                              :           AND
     vs.                      :
                              :         OPINION
ANTHONY MITCHELL              :
                              :
          Defendant-appellee  :
                              :
                              :
DATE OF ANNOUNCEMENT          :       MAY 11, 2000
 OF DECISION                  :
                              :
CHARACTER OF PROCEEDINGS      :    Criminal appeal from
                              :    Court of Common Pleas
                              :    Case No. CR-382322
                              :
JUDGMENT                      :    AFFIRMED.
DATE OF JOURNALIZATION        :
APPEARANCES:
For plaintiff-appellant:           For defendant-appellee:
WILLIAM D. MASON                   JAMES DRAPER, Cuyahoga County
Cuyahoga County Prosecutor            Public Defender
LEO GORIE                          JOSEPH  D. BUCKLEY
Assistant County Prosecutor        DANIEL SCULLY
Justice Center - 9th Floor         Assistant Public Defenders
1200 Ontario Street                100 Lakeside Place
Cleveland, OH 44113                1200 West Third Street, N.W.
                                   Cleveland, OH 44113
JOHN T. PATTON, J.:
                               -2-
     This cause came on to be heard upon the accelerated calendar
pursuant to App. R. 11.1 and Loc. R. 25, the records from the court
of common pleas and the briefs.
     The grand jury charged  defendant Anthony Mitchell with  one
count of  escape after  he failed to  attend a  meeting with  his
probation officer.    Defendant filed  a  motion to  dismiss  the
indictment on  grounds that  the post  release control  mechanism
contained  in R.C. 2967.28  violates due process  of law and  the
separation of powers.  The court granted the motion to dismiss on
authority of our opinion in State v. Jones (Sept.2, 1999), Cuyahoga
App. No. 74247, unreported, discretionary appeal allowed (2000), 88
Ohio St. 2d 1414.
     Since the  Ohio Supreme Court  has accepted jurisdiction  of
Jones, we see  no reason to give  an extended discussion of  that
case.  Jones is dispositive here, and we adhere to our previously
stated position in that case, pending of course the outcome in the
Supreme Court.  The assigned error is overruled.
     Judgment affirmed.
                               -3-
     It is ordered that appellee recover from appellant its costs
herein taxed.
     The court finds there were reasonable grounds for this appeal.
     It is ordered that a special mandate issue out of this court
directing  the Common  Pleas Court  to carry  this judgment  into
execution.  The defendant's conviction having been affirmed,  any
bail pending  appeal is terminated.   Case remanded to the  trial
court for execution of sentence.
     A certified copy of this entry shall constitute the mandate
pursuant to Rule 27 of the Rules of Appellate Procedure.
ANN DYKE, ADMINISTRATIVE JUDGE
KENNETH A. ROCCO, J.,  CONCUR.
                                        JOHN T. PATTON
                                            JUDGE
N.B.  This entry is an announcement of the court's decision.  See
App.R. 22(B), 22(D) and 26(A); Loc.App.R. 22. This decision will be
journalized and will become  the judgment and order of the  court
pursuant to App.R. 22(E) unless a motion for reconsideration with
supporting brief, per App.R. 26(A), is filed within ten (10) days
of the announcement of the court's decision.  The time period for
review by the Supreme Court of  Ohio shall begin to run upon  the
journalization of  this court's announcement  of decision by  the
.