CAPTION: STATE V. TENSLEY
APPEAL NO.: C-110452
TRIAL NO.: B-0908529-A
KEY WORDS: ARREST – EVIDENCE – SENTENCING
Where the trial court told the defendant, who had an active capias
against him, to sit in the jury box and that the sheriff would come to arrest him, and where
the defendant fled from the courtroom before the sheriff’s deputy arrived, the defendant’s
conviction for escape was based upon insufficient evidence because the trial court had
lacked the requisite intent to arrest the defendant, and, therefore, the defendant was not
under detention when he fled from the courtroom.
The portion of the defendant’s sentence relating to postrelease control
is void where the trial court failed to inform the defendant at the sentencing hearing
regarding postrelease control as required under R.C. 2929.191, and the cause must be
remanded for the trial court to properly inform the defendant about postrelease control.
JUDGMENT: AFFIRMED IN PART, REVERSED IN PART, APPELLANT
DISCHARGED IN PART, AND CAUSE REMANDED
JUDGES: OPINION by FISCHER, J.; SUNDERMANN, P.J., and
CUNNINGHAM, J., CONCUR.