COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 77426 THE STATE OF OHIO : ACCELERATED DOCKET : Plaintiff-Appellee : : JOURNAL ENTRY -vs- : AND : OPINION VENTRES PICKENS : : Defendant-Appellant : DATE OF ANNOUNCEMENT OF DECISION: MARCH 15, 2001 CHARACTER OF PROCEEDING: CRIMINAL APPEAL FROM COURT OF COMMON PLEAS CASE NO. CR-366641 JUDGMENT: AFFIRMED DATE OF JOURNALIZATION: APPEARANCES: For Plaintiff-Appellee: WILLIAM D. MASON Cuyahoga County Prosecutor KESTRA SMITH (#0044166) Assistant Pros. Attorney The Justice Center, 9th Floor 1200 Ontario Street Cleveland, Ohio 44113 For Defendant-Appellant: ELLIOT I. RESNICK (#0009853) Cleveland Athletic Club Bldg. 1148 Euclid Avenue, Suite 300 Cleveland, Ohio 44115-1604 JUDGE TERRENCE O'DONNELL: Ventres Pickens filed this accelerated appeal from his -2- conviction for escape, challenging the constitutionality of R.C. 2967.28, the post-release control statute, and contending that the trial court erred when it denied his motion to dismiss. Subsequent to briefing, the Supreme Court of Ohio decided Woods v. Telb (2000), 89 Ohio St. 3d 504, and in its holding determined that R.C. 2967.28 did not violate the separation of powers doctrine or due process. In accordance with the doctrine of stare decisis, we are constrained to affirm the judgment of the trial court. The history of the case reveals that on August 19, 1998, the grand jury indicted Pickens for escape for absconding from Ohio while under post-release control sanctions.1 The trial court commenced a bench trial of this matter on October 14, 1999, after which the court found Pickens guilty. In a journal entry filed on November 23, 1999, the court sentenced Pickens to five years of community control sanctions. Therefrom, Pickens filed a timely notice of appeal with this court. I. SECTION 2967.28 OF THE OHIO REVISED CODE IS UNCONSTITUTIONAL ON ITS FACE BECAUSE IT VIOLATES THE DOCTRINE OF SEPARATION OF POWERS AND DUE PROCESS IN THE UNITED STATES CONSTITUTION AND OHIO CONSTITUTION. II. THE TRIAL COURT ERRED IN NOT GRANTING DEFENDANT-APPELLANT'S MOTION TO DISMISS ON THE BASIS THAT OHIO REVISED CODE, SECTION 2967.28 WAS UNCONSTITUTIONAL. III. DEFENDANT-APPELLANT WAS SUBJECT TO DOUBLE 1 Pursuant to R.C. 2921.01(E), detention includes post- release control. Absconding from post-release control constitutes escape under R.C. 2921.34. -3- JEOPARDY IN VIOLATION OF THE UNITED STATES CONSTITUTION AND OHIO CONSTITUTION. In his three assignments of error, Pickens challenges the constitutionality of R.C. 2967.28. However, Pickens failed to argue these assignments separately as required in App.R. 16(A). As such, this court could disregard all three assignments of error pursuant to App.R. 12(A)(2). In addition, Pickens failed to support his third assignment of error and, instead, presented three unreported appellate decisions which found R.C. 2967.28 unconstitutional based on the separation of powers doctrine and the Due Process Clauses of the United States and Ohio Constitutions. They are: State v. Jones (Sept. 2, 1999), Cuyahoga App. No. 74247, unreported; Woods v. Telb (June 23, 1999), Lucas App. No. L-99-1083, unreported; and Price v. Henry (Mar. 23, 2000), Logan App. No. 8-99-12, unreported. After the parties had filed briefs in this case, the Supreme Court of Ohio reported its decision in Woods v. Telb (2000), 89 Ohio St.3d 504, holding in paragraph one of the syllabus: 1. R.C. 2967.28 does not violate the separation of powers doctrine or the Due Process Clauses of the United States or Ohio Constitutions. As an inferior appellate tribunal, we are constrained to follow the holdings of the Ohio Supreme Court as stated in the syllabus of its reported decisions. Accordingly, we have concluded the claims raised here lack merit. For these reasons, we reject the assignments of error and affirm the judgment of the trial court. Judgment affirmed. -4- It is ordered that appellee recover of appellant its costs herein taxed. The court finds there were reasonable grounds for this appeal. The defendant's conviction having been affirmed, any bail pending appeal is terminated. Case remanded to the trial court for execution of sentence. It is ordered that a special mandate issue out of this court directing the Common Pleas Court to carry this judgment into execution. A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure. JAMES D. SWEENEY, P.J. and ANNE L. KILBANE, J. CONCUR. TERRENCE O'DONNELL, JUDGE N.B. This entry is an announcement of the court's decision. See App.R. 22(B), 22(D), 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 clerk per App.R. 22(E). See, also, S.Ct.Prac.R. II, Section 2(A)(1). .