COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                            NO. 77704
STATE OF OHIO                 :       ACCELERATED DOCKET
                              :
          Plaintiff-Appellant :
                              :          JOURNAL ENTRY
     vs.                      :               and
                              :             OPINION
FREDRICK A. SULLIVAN          :
                              :
          Defendant-Appellee  :
DATE OF ANNOUNCEMENT
OF DECISION:                       February 15, 2001
CHARACTER OF PROCEEDING:           Criminal appeal from
                                   Common Pleas Court
                                   Case No. CR-366748
JUDGMENT:                          REVERSED AND REMANDED.
DATE OF JOURNALIZATION:
APPEARANCES:
For Plaintiff-Appellant:       WILLIAM D. MASON
                               Cuyahoga County Prosecutor
                               LISA REITZ WILLIAMSON, Assistant
                               1200 Ontario Street
                               Cleveland, Ohio  44113
For Defendant-Appellee:        DAVID L. GRANT, ESQ.
                               C.A.C. Building, Suite 300
                               1148 Euclid Avenue
                               Cleveland, Ohio 44115-1604
COLLEEN CONWAY COONEY, J.:
     This cause came  to be heard  upon the accelerated  calendar
pursuant to App.R. 11.1 and Loc.R. 11.1, the record from the lower
                               -2-
court, and appellant's brief.  Appellant, State of Ohio,  appeals
the  trial  court's  termination  of  post-release  control  over
defendant-appellee, Fredrick A. Sullivan.  Upon defendant's motion,
the trial  court terminated  post-release control  based on  this
Court's holding in State v. Jones (Sept. 2, 1999), Cuyahoga  App.
No. 74247, unreported, 1999 LEXIS 4078.  In Jones this Court held
that  R.C. 2967.28,  Ohio's  post-release  control  statute,  was
unconstitutional.  The State  filed a timely appeal of the  trial
court's order, and this Court granted appellant's motion to  stay
while the Jones appeal was pending.
     The Ohio Supreme Court overturned Jones based on its finding
in Woods v. Telb (2000), 89 Ohio St.3d 504, that R.C. 2967.28 does
not violate due  process protections or the separation of  powers
doctrine.
     Appellant raises a single assignment of error which argues:
     I.   R.C. 2967.28 DOES  NOT VIOLATE  THE SEPARATION  OF
          POWERS DOCTRINE OR THE DUE PROCESS CLAUSES OF  THE
          UNITED STATES OR OHIO CONSTITUTIONS.
     Based on the  Ohio Supreme Court's  decision in Woods,  this
Court finds  that  appellant's  assignment of  error  has  merit.
Therefore, the trial court's order terminating post-release control
is reversed, and the case is remanded to reinstate the sentence of
post-release control.
                               -3-
     This cause is reversed  and remanded to the lower court  for
further proceedings consistent with this opinion.
     It is, therefore, considered that said appellant recover  of
said appellee its costs herein.
     It is ordered that a special mandate be sent to said 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.
KENNETH A. ROCCO, P.J. and
FRANK D. CELEBREZZE, JR., J. CONCUR
                                             JUDGE
                                     COLLEEN CONWAY COONEY
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
clerk  per App.R.  22(E).   See, also,  S.Ct.Prac.R. II,  Section
2(A)(1).
 
.