STATE v. HOBSON

Appellate No. 22842.

2008 Ohio 6725

State of Ohio, Plaintiff-Appellee, v. Brent Hobson, Defendant-Appellant.

Court of Appeals of Ohio, Second District, Montgomery County.

Rendered on December 19, 2008.


Attorney(s) appearing for the Case

Mathias H. Heck, Jr., by Jill R. Sink, Atty. Reg. #0076955, Montgomery County Prosecutor's Office, Appellate Division, Montgomery County Courts Building, P.O. Box 972, 301 West Third Street, Dayton, Ohio 45422, Attorney for Plaintiff-Appellee.

Jennifer S. Getty, Atty. Reg. #0074317, 46 East Franklin Street, Centerville, Ohio 45459, Attorney for Defendant-Appellant.


OPINION

FAIN, J.

{¶ 1} Defendant-appellant Brent Hobson appeals from his conviction for Escape, R.C. 2921.34(A)(1). Hobson contends that the trial court should have granted his motion to dismiss because the statute does not apply to individuals on post-release control and because a conviction for Escape in his case violates the Double Jeopardy clause of the Fifth Amendment to the United States Constitution, since he was also given a ninety...

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