State v. Campbell

Full title: State of Ohio, Respondent-Appellee, v. William Campbell…

Court: Court of Appeals of Ohio, First District, Hamilton County

Date published: Aug 3, 2011

2011 Ohio 3784 (Ohio Ct. App. 2011)

Opinion

No. C-100705.

Date of Judgment Entry on Appeal: August 3, 2011.

Criminal Appeal From: Hamilton County Court of Common Pleas, Trial No. B-0808031.

Dismissed.

Joseph T. Deters, Hamilton County Prosecuting Attorney, and Philip R. Cummings, Assistant Prosecuting Attorney, for Respondent-Appellee.

William Campbell, pro se.

DECISION.

PER CURIAM.

{¶ 1} Petitioner-appellant William Campbell appeals from the Hamilton County Common Pleas Court's judgment denying his petition for postconviction relief. He presents on appeal two assignments of error challenging the denial of his petition without a hearing. We dismiss the appeal because, without findings of fact and conclusions of law, the entry denying his postconviction petition is not a final appealable order.

{¶ 2} Campbell was convicted upon jury verdicts finding him guilty of aggravated vehicular homicide and operating a vehicle under the influence of alcohol. In his direct appeal to this court, we affirmed his convictions.¹ His appeal of our decision is pending before the Ohio Supreme Court.

1 See State v. Campbell (Mar. 4, 2011), 1st Dist. No. C-090875.

{¶ 3} Campbell also sought relief from his convictions in a timely filed R.C. 2953.21 petition for postconviction relief. The common pleas court denied the petition, and this appeal followed.

{¶ 4} When dismissing or denying a timely filed postconviction petition, a common pleas court must make and file findings of fact and conclusions of law.² An entry dismissing or denying a postconviction petition "is incomplete and, thus, does not commence the running of the period for filing an appeal therefrom" if the entry does not contain findings of fact and conclusions of law, or if it does not otherwise apprise the petitioner of the basis for the decision or permit meaningful appellate review.³

2 See R.C. 2953.21(C) and (G); State v. Lester (1975), 41 Ohio St.2d 51, 322 N.E.2d 656, paragraph two of the syllabus.

3 State v. Mapson (1982), 1 Ohio St.3d 217, 218, 438 N.E.2d 910; see State ex rel. Carrion v. Harris (1988), 40 Ohio St.3d 19, 19-20, 530 N.E.2d 1330.

{¶ 5} The entry denying Campbell's postconviction petition did not include findings of fact and conclusions of law. Nor does the entry otherwise apprise Campbell of the basis for the court's decision or permit meaningful appellate review. Therefore, the entry is not a final appealable order. Accordingly, we dismiss Campbell's appeal.

Appeal dismissed.

DINKELACKER, P.J., HlLDEBRANDT and FISCHER, JJ.