COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
 
                       COUNTY OF CUYAHOGA
 
                           NO. 83811
 
 
 
STATE OF OHIO                  :
                               :          JOURNAL ENTRY
          Plaintiff-Appellant  :
                               :               and
    -vs-                       :
                               :             OPINION
DAVID COBB                     :
                               :
          Defendant-Appellee   :
                               :
 
 
DATE OF ANNOUNCEMENT                 FEBRUARY 3, 2005
OF DECISION:
 
CHARACTER OF PROCEEDING:       Criminal appeal from
                               Common Pleas Court
                               Case No. CR-426249
 
JUDGMENT:                      Reversed and Remanded.
 
DATE OF JOURNALIZATION:
 
APPEARANCE:
 
For Plaintiff-Appellant:       WILLIAM D. MASON
                               Cuyahoga County Prosecutor
                               KAYA A. IKUMA
                               T. ALLAN REGAS
                               Assistant County Prosecutors
                               8th Floor Justice Center
                               1200 Ontario Street
                               Cleveland, Ohio 44113
 
For Defendant-Appellee:        GREGORY M. TROYAN
                               1276 West Third Street
                               Suite 419
                               Cleveland, Ohio 44113
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                               -2-
 
PATRICIA ANN BLACKMON, A.J.
 
     Appellant State of Ohio appeals the trial court's dismissal of
 
appellee David Cobb's indictment for escape. The State assigns the
 
following error for our review:1
 
     "I. The trial court erred in granting defendants's motion to
 
dismiss."
 
     Having reviewed the record and pertinent law, we reverse the
 
trial court's judgment, and remand for further proceedings
 
consistent with this opinion. The apposite facts follow:
 
     In 1992, appellee David Cobb pled guilty to trafficking in
 
drugs. After being paroled, Cobb failed to report to his parole
 
officer. Consequently, the State charged Cobb with one count of
 
escape.
 
     On September 24, 2003, Cobb filed a motion to dismiss arguing
 
the State could not charge him with escape because the underlying
 
crime occurred prior to July 1, 1996. The State opposed the
 
motion. On October 20, 2003, the trial court agreed with Cobb and
 
dismissed the indictment with prejudice. The State now appeals.
 
     In its sole assigned error, the State argues the trial court
 
erred in granting Cobb's motion to dismiss. We agree.
 
     The trial court based its decision on R.C. 2967.021, which
 
became effective July 1, 1996, as part of Am.Sub.S.B. No. 2. 146
 
 
 
 
     1
     This case was stayed pending the Ohio Supreme Court's decision
in State v. Thompson, 102 Ohio St.3d 287, 2004-Ohio-2946.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                               -3-
 
Ohio Laws, Part IV, 7136, 7573. This statute provides that one's
 
treatment as a parolee is determined by the date of his or her
 
underlying crime.
 
     However, in its recent decision in State v. Thompson,2 the
 
Ohio Supreme Court held 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 or her underlying offense was
 
committed. The Ohio Supreme Court reasoned that the escape offense
 
is considered a separate and new offense.
 
     The facts showed Cobb failed to report to his parole officer.
 
This act constitutes a new and separate crime under State v.
 
Thompson. Accordingly, we sustain the States sole assigned error.
                                           '
 
     Judgment reversed and remanded for further proceedings
 
consistent with this opinion.
 
 
 
 
     2
     102 Ohio St.3d 287, 2004-Ohio-2946.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                               -4-
 
     This cause is reversed and remanded.
 
     It is, therefore, ordered 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.
 
JAMES J. SWEENEY, J., and
 
COLLEEN CONWAY COONEY, J., CONCUR.
 
 
                                        PATRICIA ANN BLACKMON
                                         ADMINISTRATIVE 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).
 
.