COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
 
                       COUNTY OF CUYAHOGA
 
                           No. 83949
 
STATE OF OHIO                 :
                              :       JOURNAL ENTRY
    Plaintiff-Appellant       :
                              :           AND
    vs.                       :
                              :         OPINION
JESSE WELCH                   :
                              :
    Defendant-Appellee        :
                              :
                              :
DATE OF ANNOUNCEMENT          :
OF DECISION                   :    September 23, 2004
                              :
CHARACTER OF PROCEEDINGS      :    Criminal appeal from
                              :    Common Pleas Court
                              :    Case No. CR-439532
                              :
JUDGMENT                      :    REVERSED AND REMANDED.
                              :
                              :
                              :
DATE OF JOURNALIZATION        :
 
APPEARANCES:
 
 
For plaintiff-appellant            WILLIAM D. MASON, ESQ.
                                   Cuyahoga County Prosecutor
                                   By: MATTHEW T. NORMAN, ESQ.
                                   Assistant County Prosecutor
                                   Justice Center - 8th Floor
                                   1200 Ontario Street
                                   Cleveland, Ohio 44113
 
For defendant-appellee             RICHARD SMITH, ESQ.
                                   21330 Center Ridge Road,
                                   Suite #6
                                   Rocky River, Ohio 44116
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                -2-
 
SEAN C. GALLAGHER, J.:
 
     Plaintiff-appellant state of Ohio ("state") appeals from the
 
decision of the Cuyahoga County Court of Common Pleas which granted
 
defendant-appellee Jesse Welch 's ("Welch") motion to dismiss the
 
indictment. Finding error in the proceeding below, we reverse and
 
remand.
 
     The following facts give rise to this appeal. On April 11,
 
2003, Welch allegedly left Oriana House, a halfway house, while on
 
parole and never returned. On July 15, 2003, Welch was indicted
 
for one count of escape in violation of R.C. 2921.34. Welch filed
 
a motion to dismiss based on State v. Thompson, Cuyahoga App. No.
 
78919, 2002-Ohio-6478. The state filed a brief in opposition. On
 
November 18, 2003, the trial court granted Welch 's motion to
 
dismiss.
 
     The state timely appeals the decision of the trial court and
 
advances one assignment of error for our review.
 
     "I. The trial court erred in dismissing the escape charge
 
against defendant."
 
     We sustain the state's sole assignment of error in light of
 
the recent decision of the Supreme Court of Ohio in       State v.
 
Thompson (2004), 102 Ohio St.3d 287, 290, which held that a parolee
 
who fails to report to his parole officer after March 17, 1998 may
 
be prosecuted for escape under R.C. 2921.34, regardless of when his
 
underlying offense was committed. Welch's alleged escape occurred
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                              -3-
 
after March 17, 1998, and therefore he is subject to the law
 
regarding escape as it existed when he failed to report.
 
    Judgment reversed and remanded.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                               -4-
 
     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 costs herein.
 
     It is ordered that a special mandate issue out of this court
 
directing the Cuyahoga County 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.
 
ANNE L. KILBANE, P.J., AND
 
ANN DYKE, J.,       CONCUR.
 
 
 
 
                                         SEAN C. GALLAGHER
                                              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).
 
.