COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
 
                       COUNTY OF CUYAHOGA
 
                           NO. 82913
 
 
 
STATE OF OHIO                 :         ACCELERATED
                              :        JOURNAL ENTRY
          Plaintiff-appellee :             AND
                              :          OPINION
       -vs-                   :
                              :
FREDERICK WHITE               :
                              :
          Defendant-appellant :
 
 
DATE OF ANNOUNCEMENT
    OF DECISION:                  OCTOBER 30, 2003
 
CHARACTER OF PROCEEDING:          Criminal appeal from the
                                  Court of Common Pleas
                                  Case No. CR-432712
 
 
JUDGMENT:                         Affirmed.
 
DATE OF JOURNALIZATION:
 
 
APPEARANCES:
 
For Plaintiff-Appellee:           WILLIAM D. MASON, ESQ.
                                  CUYAHOGA COUNTY PROSECUTOR
                                  BY: MATTHEW T. NORMAN, ESQ.
                                  ASST. COUNTY PROSECUTOR
                                  1200 Ontario Street
                                  Cleveland, Ohio 44113
 
For Defendant-Appellant:          PATRICK S. LAVELLE, ESQ.
                                  Van Sweringen Arcade
                                  123 West Prospect Ave.
                                  Suite 250
                                  Cleveland, Ohio 44115
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                -2-
 
ANN DYKE, J.:
 
     This appeal is before the court on the accelerated docket
 
pursuant to App.R. 11.1 and Loc.App.R. 11.1. Defendant-appellant
 
Frederick White ("appellant") appeals from the judgment of the
 
trial court which, after accepting the appellant's guilty plea,
 
sentenced him to a term of six months incarceration for possession
 
of drugs. For the reasons set forth below, we affirm the judgment
 
of the trial court.
 
     On January 23, 2003, appellant was indicted on one count of
 
possession of drugs in violation of R.C. 2925.11. On April 22,
 
2003, appellant entered a guilty plea to the indictment. Appellant
 
now appeals, asserting a sole assignment of error for our review:
 
     "I. The appellant's guilty plea was not knowing and voluntary
 
because the trial court, prior to taking the plea, failed to advise
 
appellant that he was subject to `bad time'under O.R.C. 2943.032."
 
     R.C. 2943.032 which outlines Parole Boards' authority to
 
extend a stated prison term for certain violations of prison rules
 
was held unconstitutional by the Ohio Supreme Court as a violation
 
of the doctrine of the separation of powers. State ex rel. Bray v.
 
Russell, (2000), 89 Ohio St.3d 132, syllabus. The Court determined
 
that the bad time statute set up a scheme whereby the Parole Board
 
acted as judge, prosecutor, and jury, for an action that could be
 
prosecuted as a felony in a court of law and that trying,
 
convicting, and sentencing inmates for crimes committed while in
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                -3-
 
prison is not an appropriate exercise of executive power. The
 
Supreme Court further noted that if an offense was serious enough
 
to constitute an additional crime, and the prison authorities did
 
not feel that administrative sanctions were sufficient (i.e.,
 
isolation, loss of privileges), the prison authorities should bring
 
additional charges in a court of law. The decision of the Supreme
 
Court to find R.C. 2967.11 unconstitutional, renders the lack of
 
notification of such provision under R.C. 2943.032 (A) and (B)
 
moot.
 
    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.
 
     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.
 
 
MICHAEL J. CORRIGAN, P.J.,           AND
 
PATRICIA ANN BLACKMON, J.,       CONCUR.
 
 
 
 
                                              ANN DYKE
                                                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
clerk per App.R. 22(E). See, also S.Ct.Prac.R. II, Section
2(A)(1).
 
.