COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 84002 STATE OF OHIO Plaintiff-appellee JOURNAL ENTRY vs. AND HAYES W. ROWAN OPINION Defendant-appellant DATE OF ANNOUNCEMENT OF DECISION: MARCH 3, 2005Z CHARACTER OF PROCEEDING: Criminal appeal from Common Pleas Court, Case No. CR-409693 JUDGMENT: Appeal dismissed. DATE OF JOURNALIZATION: APPEARANCES: For plaintiff-appellee: WILLIAM D. MASON, ESQ. CUYAHOGA COUNTY PROSECUTOR MARY MCGRATH, ESQ. Assistant County Prosecutor The Justice Center, 8th Floor 1200 Ontario Street Cleveland, Ohio 44113 For defendant-appellant: PAUL MANCINO, JR., ESQ. 75 Public Square Suite 1016 Cleveland, Ohio 44113-2098 HAYES W. ROWAN, PRO SE 1727 West 32nd Street Cleveland, Ohio 44113 -2- KARPINSKI, J.: This court heard oral argument in this appeal on February 22, 2005. Appellant, pro se, appeared at oral argument and, at the end of oral argument, stated that he was withdrawing his appeal. Under App.R. 28, we treat appellant's oral withdrawal of his appeal as a motion to dismiss appeal and grant the motion. Appellant to pay costs. Appeal dismissed. -3- It is ordered that appellee recover of appellant its costs herein taxed. A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure. JAMES J. SWEENEY, P.J., AND MICHAEL J. CORRIGAN, J., CONCUR. DIANE KARPINSKI 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). .