Opinion
2023-A-0032
06-30-2023
STATE OF OHIO, CITY OF ASHTABULA, Plaintiff-Appellee, v. SHEILA M. EYAJAN, Defendant-Appellant.
Cecilia M. Cooper, Ashtabula City Solicitor, (For Plaintiff-Appellee). Sheila M. Eyajan, pro se, (Defendant-Appellant).
Criminal Appeal from the Municipal Court Trial Court No. 2019 TRD 01369
Cecilia M. Cooper, Ashtabula City Solicitor, (For Plaintiff-Appellee).
Sheila M. Eyajan, pro se, (Defendant-Appellant).
MEMORANDUM OPINION
ROBERT J. PATTON, J.
{¶1} On May 26, 2023, appellant, Sheila M. Eyajan, pro se, filed a notice of appeal from the trial court's April 28, 2023 judgment entry reflecting that appellant failed to appear for her arraignment after a warrant was recalled.
{¶2} R.C. 2505.02 defines the types of orders that constitute a final appealable order:
{¶3} "(1) An order that affects a substantial right in an action that in effect determines the action and prevents a judgment;
{¶4} "(2) An order that affects a substantial right made in a special proceeding or upon a summary application in an action after judgment;
{¶5} "(3) An order that vacates or sets aside a judgment or grants a new trial;
{¶6} "(4) An order that grants or denies a provisional remedy and to which both of the following apply:
{¶7} "(a) The order in effect determines the action with respect to the provisional remedy and prevents a judgment in the action in favor of the appealing party with respect to the provisional remedy.
{¶8} "(b) The appealing party would not be afforded a meaningful or effective remedy by an appeal following final judgment as to all proceedings, issues, claims, and parties in the action.
{¶9} "(5) An order that determines that an action may or may not be maintained as a class action; * * *."
{¶10} In criminal cases, pursuant to R.C. 2953.02, a court of appeals only possesses jurisdiction to hear an appeal if it is from a "judgment or final order." Furthermore, the Supreme Court of Ohio has stated that "in a criminal case there must be a sentence which constitutes a judgment or a final order which amounts 'to a disposition of the cause' before there is a basis for appeal." State v. Chamberlain, 177 Ohio St. 104, 106-107(1964); see also State v. Thompson, 11th Dist. Portage No. 2018-P-0066, 2018-Ohio-4177; State v. Marbuery-Davis, 11th Dist. Lake No. 2016-L-001, 2016-Ohio-898.
{¶11} In the present case, there has been no disposition of the underlying cause i.e., appellant has not been convicted and sentenced. Appellant has a remedy to appeal when her case is concluded by the trial court.
{¶12} Appeal dismissed sua sponte for lack of jurisdiction.
MARY JANE TRAPP, J, MATT LYNCH, J, concur.