STATE v. WITHERSPOON

No. 90498.

2008 Ohio 4092

State of Ohio, Plaintiff-Appellee, v. Levy Witherspoon, Defendant-Appellant.

Court of Appeals of Ohio, Eighth District, Cuyahoga County.

RELEASED: August 14, 2008.


Attorney(s) appearing for the Case

Joseph Vincent Pagano, 1240 Standard Building, 1370 Ontario Street, Cleveland, Ohio 44113, Attorney for Appellant.

Willliam D. Mason, Cuyahoga County Prosecutor, By: Debra A. Obed, Assistant County Prosecutor, 9th Floor Justice Center, 1200 Ontario Street, Cleveland, Ohio 44113, Attorneys for Appellee.

Before: Blackmon, J., Gallagher, P.J., and Rocco, J.


JOURNAL ENTRY AND OPINION

PATRICIA ANN BLACKMON, J.

{¶ 1} Appellant Levy Witherspoon appeals his plea to two counts of escape and the accompanying sentence. Both escape charges arose from Witherspoon's violation of postrelease control. He sets forth the following three errors for our review:

"I. The trial court erred by convicting appellant of two counts of escape where the postrelease control that formed the basis of the...

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