State v. Conyers

87 Ohio St. 3d 246
Ohio Supreme Court·Decided December 1, 1999·No. Nos. 98-1779 and 98-1929·Published·Cited by 62 cases

Opinion

Moyer, C.J.

The sole issue before this court is whether the appellees could, as a matter of law, be convicted under R.C. 2921.34(A)(1) for leaving a halfway house without permission. More specifically, we are asked to determine whether, during the time between October 4, 1996 and March 17, 1998, a parolee could be convicted pursuant to R.C. 2921.34(A)(1) for leaving a halfway house without [248] permission in view of the conflict as it then existed between R.C. 2921.01(E) and former 2967.15(C)(2). For the following reasons, we answer this question in the negative and affirm the decisions of the courts of appeals.

Before October 4, 1996, R.C. 2921.01(E) defined “detention” as “supervision by an employee of the department of rehabilitation and correction of a person on any type of release from a state correctional institution other than release on parole * * * .” (Emphasis g(c.) 146 Ohio Laws, Part IV, 7335. Thus, parolees were not then considered in “detention” for purposes of the escape statute. The emphasized phrase was removed on October 4, 1996, so that when the appellees committed the acts in question, parolees were included in the class of persons subject to prosecution for escape. 146 Ohio Laws, Part II, 2214. A conflict then arose because the language of former R.C. 2967.15(C)(2), which, at the relevant times, provided that “[a] furloughee or releasee other than a person who is released on parole * * * is considered to be in custody * * * and * * * may be prosecuted for the offense of escape.” 146 Ohio Laws Part IV, 7584. This temporary conflict was resolved as of March 17, 1998, when R.C. 2967.15(C)(2) was amended to remove the exception for parolees. See Am.Sub.S.B. No. 111. Our task is to determine the effect of the conflict as it existed between October 1996 and March 1998, during which time the appellees were convicted of escape for leaving their halfway houses without permission while still on parole.

It is a well-settled principle of statutory construction that when an irreconcilable conflict exists between two statutes that address the same subject matter, one general and the other special, the special provision prevails as an exception to the general statute. R.C. 1.51; see, also, State ex rel. Dublin Securities, Inc. v. Ohio Div. of Securities (1994), 68 Ohio St.3d 426, 429-430, 627 N.E.2d 993, 996-997; Abraham v. Natl. City Bank Corp. (1990), 50 Ohio St.3d 175, 178, 553 N.E.2d 619, 621-622; Acme Eng. Co. v. Jones (1948), 150 Ohio St. 423, 38 O.O. 294, 83 N.E.2d 202, paragraph one of the syllabus.

R.C. 1.51 states that “[i]f a general provision conflicts with a special or local provision, they shall be construed, if possible, so that effect is given to both. If the conflict between the provisions is irreconcilable, the special or local provision prevails as an exception to the general provision, unless the general provision is the later adoption and the manifest intent is that the general provision prevail.” The first inquiry, then, is whether the conflict between R.C. 2921.01(E) and former 2967.15(C)(2) is irreconcilable.

The state argues that the provisions at issue did not conflict because neither expressly prohibited an activity that the other allowed and, therefore, we do not need to resort to R.C. 1.51. In support of this argument, the appellant cites our decision in Sutherland-Wagner v. Brook Park Civ. Serv. Comm. (1987), 32 Ohio [249] St.3d 323, 512 N.E.2d 1170. Sutherland-Wagner, however, is distinguishable from the present action.

In Sutherland-Wagner, this court was asked to determine whether the inability to appeal a civil service employment suspension under R.C. 124.34 to the court of common pleas precluded an appeal to that court under the general administrative appeal provision in R.C. 2506.01. We concluded that resort to R.C. 1.51 was unnecessary because no conflict existed. Id. at 325, 512 N.E.2d at 1172. R.C. 124.34 merely denied appeals to the court of common pleas under that particular section. Id. The statute did not, however, limit appeals brought under other sections of the Revised Code. Id. Further, an express prohibition in one provision of an act that another provision allows is not necessary for a conflict to exist. It suffices that two provisions provide for inconsistent and irreconcilable results on a particular issue. When we examine R.C. 2921.01(E) and former 2967.15(C)(2), an irreconcilable conflict is evident.

R.C. 2921.34(A)(1) provides that no person under detention “shall purposely break or attempt to break the detention, or purposely fail to return to detention.” The term “detention” is defined broadly to include, inter alia, arrest, confinement in a facility for custody of persons charged with or convicted of a crime, and supervision of a person on any type of release from a state correctional facility. R.C. 2921.01(E). Thus, R.C. 2921.01(E) considers parolees in “detention” for purposes of prosecution pursuant to R.C. 2921.34(A)(1).

Former R.C. 2967.15(C)(2), as it existed at the relevant times, however, provided that a “furloughee or a releasee other than a person who is released on parole ” may be prosecuted for escape. (Emphasis added.) Former R.C. 2967.15(C)(2) did not expressly prohibit an activity authorized by the escape statute. The provisions at issue merely provide differing definitions of who is considered in “detention” or “custody” for purposes of prosecution under R.C. 2921.34(A)(1). Under former R.C. 2967.15(C)(2), parolees are excepted from the escape statute, whereas under R.C. 2921.01(E), parolees are included within the class of individuals subject to the escape statute. Reading these two provisions together results in an irreconcilable conflict.

After an irreconcilable conflict is determined to exist, the next inquiry is whether the provisions- at issue are general or specific. See State v. Chippendale (1990), 52 Ohio St.3d 118, 120, 556 N.E.2d 1134, 1136. If one of the conflicting statutes is a general provision and the other is a special provision, then R.C. 1.51 applies and the special provision prevails. An examination of R.C. 2921.01(E) and former 2967.15(C)(2) reveals that there is a general/special distinction between the two statutes.

Free access — add to your briefcase to read the full text and ask questions with AI

State v. Conyers, 87 Ohio St. 3d 246 (Ohio 1999).

87 Ohio St. 3d 246 (State v. Conyers) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

State v. Cline
Ohio Court of Appeals, 2026
Murman v. WP Operating
Ohio Court of Appeals, 2026
State v. Grays
2023 Ohio 221 (Ohio Court of Appeals, 2023)
State v. Cast
2022 Ohio 3967 (Ohio Court of Appeals, 2022)
Conneaut v. Babcock
2022 Ohio 2101 (Ohio Court of Appeals, 2022)
State v. Patterson
2021 Ohio 2387 (Ohio Court of Appeals, 2021)
State v. Pribble (Slip Opinion)
2019 Ohio 4808 (Ohio Supreme Court, 2019)
State v. Hitsman
2018 Ohio 5315 (Ohio Court of Appeals, 2018)
State v. Poupard
2018 Ohio 777 (Ohio Court of Appeals, 2018)
State v. Chandler
2016 Ohio 1017 (Ohio Court of Appeals, 2016)
Dillon v. Farmers Ins. of Columbus, Inc. (Slip Opinion)
2015 Ohio 5407 (Ohio Supreme Court, 2015)
State v. Shaffer
2014 Ohio 2461 (Ohio Court of Appeals, 2014)
Riffle v. Physicians & Surgeons Ambulance Serv.
2011 Ohio 6595 (Ohio Court of Appeals, 2011)
State v. Demastry
2011 Ohio 1320 (Ohio Court of Appeals, 2011)
State v. Frey
853 N.E.2d 684 (Ohio Court of Appeals, 2006)
State v. Jones, Unpublished Decision (9-30-2004)
2004 Ohio 5308 (Ohio Court of Appeals, 2004)
State v. Raines, Unpublished Decision (9-14-2004)
2004 Ohio 4916 (Ohio Court of Appeals, 2004)
State v. Thompson
809 N.E.2d 1134 (Ohio Supreme Court, 2004)
State v. Unick, Unpublished Decision (2-26-2004)
2004 Ohio 860 (Ohio Court of Appeals, 2004)