Opinion
Appellate Case No. 17 CA 002
04-25-2017
STATE OF OHIO Plaintiff-Appellee v. CASEY LEE REAVER Defendant-Appellant
Copies to: Casey Reaver 217 Harmon Avenue Urbana, Ohio 43078 Appellant and Casey Reaver (W091-917) Ohio Reformatory for Women 1479 Collins Avenue Marysville, Ohio 43040 Kevin Talebi 200 N. Main Street Urbana, Ohio 43078 Attorney for Appellee Hon. Nick A. Selvaggio Champaign County Common Pleas Court 200 N. Main Street Urbana, Ohio 43078
Trial Court Case No. 2014 CR 286 (Criminal Appeal from the Common Pleas Court)
DECISION AND FINAL JUDGMENT ENTRY
PER CURIAM:
{¶ 1} This matter is before the court for resolution of our show cause order. Casey Lee Reaver appealed the January 23, 2017 "Journal Entry Denying Defendant's Motion for Judicial Release." It appeared that this court may lack jurisdiction to hear the appeal, as the denial of a motion for judicial release is not a final appealable order. State v. Schlosser, 2d Dist. Montgomery No. 26888, 2016-Ohio-731, ¶ 3-4, citing State v. Coffman, 91 Ohio St.3d 125, 126, 742 N.E.2d 644 (2001). We ordered Reaver to show cause why this matter should not be dismissed for lack of jurisdiction. She did not respond.
{¶ 2} It is well-settled that appellate courts have jurisdiction to review only final orders or judgments of the lower courts in their district. Section 3(B)(2), Article IV, Ohio Constitution; R.C. 2505.02. An appellate court has no jurisdiction to review an order or judgment that is not final, and an appeal therefrom must be dismissed. Gen. Acc. Ins. Co. v. Ins. Co. of N. Am., 44 Ohio St.3d 17, 20, 540 N.E.2d 266 (1989). The Supreme Court of Ohio has held that "a trial court's denial of a motion for shock probation is never a final appealable order." Coffman at 126. This court and others have also held that Coffman requires the dismissal of orders denying judicial release. See, e.g., Schlosser, supra, State v. Greene, 2d Dist. Greene No. 02-CA-17, 2002-Ohio-2595; State v. Williams, 10th Dist. Franklin No. 07AP-1035, 2008-Ohio-1906.
In Schlosser and McBroom, this court noted that, "as a result of Coffman, 'defendants lack the ability to challenge any facet of a trial court's decision on shock probation, regardless of whether it contains legal error, factual error, or an abuse of discretion. A trial court's decision, for example, that erroneously holds a defendant to be statutorily ineligible for shock probation, but which expresses a willingness to have allowed it, is entirely - and, in our opinion, unfairly - unreviewable. In contrast, some courts permit the State to appeal a trial court's decision granting shock probation, affording to it the due process denied to defendants. E.g., State v. Young, 8th Dist. Cuyahoga No. 79113, 2001 WL 1671431, *2 (Nov. 29, 2001); State v. Moore, 2013-Ohio-4454, 999 N.E.2d 223, ¶ 27-28 (7th Dist.).' " Schlosser at ¶ 3, quoting McBroom at ¶ 4. We again invite the Supreme Court to revisit this issue. --------
{¶ 3} The order on appeal here denies Reaver's motion for judicial release. It is not a final appealable order, and this court has no jurisdiction to review it. This appeal, Champaign Appellate Case No. 17 CA 002, is therefore DISMISSED.
{¶ 4} Pursuant to Ohio App.R. 30(A), it is hereby ordered that the Clerk of the Champaign County Court of Appeals shall immediately serve notice of this judgment upon all parties and make a note in the docket of the mailing.
SO ORDERED.
/s/_________
JEFFREY E. FROELICH, Judge
/s/_________
JEFFREY M. WELBAUM, Judge
/s/_________
MICHAEL L. TUCKER, Judge Copies to: Casey Reaver
217 Harmon Avenue
Urbana, Ohio 43078
Appellant
and Casey Reaver (W091-917)
Ohio Reformatory for Women
1479 Collins Avenue
Marysville, Ohio 43040 Kevin Talebi
200 N. Main Street
Urbana, Ohio 43078
Attorney for Appellee Hon. Nick A. Selvaggio
Champaign County Common Pleas Court
200 N. Main Street
Urbana, Ohio 43078 CA3/KY