State v. Hobson, 22842 (12-19-2008)

OPINION

{¶ 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-day sanction for post-release control violations. Hobson also argues that the R.C. 2921.01(E) definition of the word "detention" is unconstitutionally vague as…