COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
 
                       COUNTY OF CUYAHOGA
 
                           NO. 84599
 
STATE OF OHIO,               :
                             :
    Plaintiff-Appellant      :
                             :         JOURNAL ENTRY
    vs.                      :               and
                             :             OPINION
FREDERICK BROWN,             :
                             :
    Defendant-Appellee       :
 
 
DATE OF ANNOUNCEMENT
OF DECISION                  :    JANUARY 6, 2005
 
CHARACTER OF PROCEEDING      :    Criminal appeal from
                             :    Common Pleas Court
                             :    Case No. CR-413246
 
JUDGMENT                     :    REVERSED AND REMANDED.
 
DATE OF JOURNALIZATION       :
 
APPEARANCES:
 
For plaintiff-appellant:     William D. Mason, Esq.
                             Cuyahoga County Prosecutor
                             BY: Scott Zarzycki, Esq.
                             Assistant County Prosecutor
                             The Justice Center ­ 8th Floor
                             1200 Ontario Street
                             Cleveland, Ohio 44113
 
For defendant-appellee:      Bret Jordan, Esq.
                             BRUNER & JORDAN
                             1600 Illuminating Building
                             55 Public Square
                             Cleveland, Ohio 44113
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                -2-
 
JAMES D. SWEENEY, J.*:
 
     The state charged defendant-parolee Frederick Brown with
 
escape after he failed to report timely to his parole officer.
 
Brown filed a motion to dismiss the charge, citing to our decision
 
in State v. Thompson, Cuyahoga App. No. 78919, 2002-Ohio-6478, in
 
which we held that a parolee cannot be prosecuted for escape if the
 
underlying offense giving rise to the parole status had been
 
committed prior to July 1, 1996. The court granted the motion to
 
dismiss.
 
     We sustain the state 's assignment of error because the Ohio
 
Supreme Court recently reversed our decision in Thompson. In State
 
v. Thompson, 102 Ohio St.3d 287, 2004-Ohio-2946, the supreme court
 
held that the date of the underlying offense is irrelevant to the
 
crime of escape. For purposes of the escape charge, we need only
 
be concerned with the date on which the escape occurred. It
 
follows that the court erred by granting Brown's motion to dismiss.
 
     Reversed and remanded.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                               -3-
 
    This cause is reversed and remanded for proceedings consistent
 
with this opinion.
 
    It is, therefore, ordered that said appellant recover of said
 
appellee its costs herein taxed.
 
    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 D. SWEENEY*
                                               JUDGE
 
SEAN C. GALLAGHER, P.J., and
 
ANTHONY O. CALABRESE, JR., J., CONCUR.
 
 
(*SITTING BY ASSIGNMENT: Judge James D. Sweeney, Retired, of the
Eighth District Court of Appeals.)
 
 
 
 
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).
 
.