2011-Ohio-5883

State v. Billiter.

No. 2011-1501.Supreme Court of Ohio.
November 16, 2011.

MOTION AND PROCEDURAL RULING
Stark App. No. 2010CA00292, 2011-Ohio-2230. On review of order certifying a conflict. The court determines that a conflict exists. The parties are to brief the following issue set forth in the court of appeals’ entry dated August 3, 2011.

“Where a criminal defendant enters a plea of guilty to escape, does res judicata bar the defendant from arguing his plea is void due to a post release control sentencing violation?”

Cupp, J., dissents.

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The conflict cases are State v. Pointer, Montgomery App. No. 24210, 2011-Ohio-1419; State v. Robinson, Champaign App. No. 2010CA30, 2011-Ohio-1737; and State v. Renner, Montgomery App. No. 24019, 2011-Ohio-502.

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