STATE v. HILL

No. 95469.

2011 Ohio 1574

State of Ohio, Plaintiff-Appellant, v. Robert Hill, Defendant-Appellee.

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

RELEASED AND JOURNALIZED: March 31, 2011.


Attorney(s) appearing for the Case

William D. Mason , Cuyahoga County Prosecutor, By: John Hanley , Assistant County Prosecutor, The Justice Center, 1200 Ontario Street, 9th Floor, Cleveland, OH 44113, Attorneys for Appellant.

Robert L. Tobik , Cuyahoga County Public Defender, By: John T. Martin , Assistant Public Defender, 310 Lakeside Avenue, Suite 200, Cleveland, OH 44113, Attorneys for Appellee.

Before: Stewart, P.J., Cooney, J., and E. Gallagher, J.


JOURNAL ENTRY AND OPINION

MELODY J. STEWART, P.J.:

{¶ 1} The state of Ohio appeals from the dismissal with prejudice of an indictment charging defendant-appellee, Robert Hill, with a single count of escape in violation of R.C. 2921.34(A)(1). Hill sought dismissal of the indictment on grounds that the escape count was predicated on his alleged violation of postrelease control in an earlier case, CR-430947, in which the court improperly imposed...

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