Summary
In State v. Jones (2000), 89 Ohio St.3d 519, the Supreme Court of Ohio, relying on Woods v. Telb (2000), 89 Ohio St.3d 504, reversed and remanded our holding in Cuyahoga App. No. 74247, declaring via Woods v. Telb, supra, that post-release controls pursuant to R.C. 2967.28 do not violate the separation of powers doctrine or due process.
Summary of this case from State v. WallsOpinion
No. 99-1881.
Submitted July 25, 2000.
Decided August 3, 2000.
Appeal from the Court of Appeals for Cuyahoga County, No. 74247.
William D. Mason, Cuyahoga County Prosecuting Attorney, and Lisa Reitz Williamson, Assistant Prosecuting Attorney, for appellant.
David H. Bodiker, Ohio Public Defender, and Alison M. Clark, Assistant State Public Defender; and Lawrence Cook, for appellee.
The judgment of the court of appeals is reversed on the authority of Woods v. Telb (2000), 89 Ohio St.3d 504, 733 N.E.2d 1103, the cause is remanded for judgment consistent with Woods, and the trial court's denial of appellee's motion to terminate his post-release control is reinstated.
Moyer, C.J., F.E. Sweeney, Pfeifer, Cook and Lundberg Stratton, JJ., concur.
Douglas, J., dissents.
Resnick, J., not participating.