Opinion
2021-P-0092
10-25-2021
STATE OF OHIO, Plaintiff-Appellee, v. NICHOLAS H. BARNA, Defendant-Appellant.
Victor V. Vigluicci, Portage County Prosecutor, (For Plaintiff-Appellee). Nicholas H. Barna, pro se, (Defendant-Appellant).
Criminal Appeal from the Municipal Court, Ravenna Division Trial Court No. 2021 CRA 01820 R
Victor V. Vigluicci, Portage County Prosecutor, (For Plaintiff-Appellee).
Nicholas H. Barna, pro se, (Defendant-Appellant).
MEMORANDUM OPINION
THOMAS R. WRIGHT, J.
{¶1} Appellant appeals the municipal trial court's judgment dismissing the charges on the state's motion at preliminary hearing after appellant had been indicted on the same charges by the grand jury.
{¶2} A court of appeals is limited to the review of final orders from lower courts. Section 3(B)(2), Article IV, Ohio Constitution; R.C. 2953.02. An order may be final if a statutory provision specifically so provides or pursuant to R.C. 2505.02(B), which defines "final orders" that are subject to review. Germ v. Fuerst, 11th Dist. Lake No. 2003-L-116, 2003-Ohio-6241, ¶ 3. Generally, the dismissal of charges on the state's motion before jeopardy attaches does not constitute a final appealable order. State v. Williams, 9th Dist. Summit No. 25384, 2011-Ohio-6412, ¶ 8, citing State v. Tankersley, 8th Dist. Cuyahoga No. 70068, 1996 WL 631077, *3 (Oct. 31, 1996); see also Crim. R. 48(A) ("The state may by leave of court and in open court file an entry of dismissal of an indictment, information, or complaint and the prosecution shall thereupon terminate.").
{¶3} The dismissal here is not specifically designated as a final order by statute and does not satisfy any provision of R.C. 2505.02(B). The judgment is therefore not a final appealable order. See City of Hudson/State v. Harger, 9th Dist. Summit No. 26208, 2012-Ohio-2604, ¶ 8; Williams at ¶ 11; see also State v. Nixon, 11th Dist. Portage Nos. 2021-P-0082, 2021-P-0083, and 2021-P-0075, 2021-Ohio-3291, ¶ 7.
{¶4} Appeal dismissed.
MARY JANE TRAPP, PJ, MATT LYNCH, J, concur