Opinion
2023-L-009 2023-L-010
02-21-2023
STATE OF OHIO, CITY OF MENTOR, Plaintiff-Appellee, v. KENNETH RAY DAVIS, JR., Defendant-Appellant.
Joseph P. Szeman, City of Mentor Director of Law, The Matchworks Building, (For Plaintiff-Appellee). Kenneth Ray Davis, Jr., pro se, (Defendant-Appellant)
Criminal Appeal from the Mentor Municipal Court Trial Court Nos. 2022 CRA 01371 B 2022 CRA 01371 A
Joseph P. Szeman, City of Mentor Director of Law, The Matchworks Building, (For Plaintiff-Appellee).
Kenneth Ray Davis, Jr., pro se, (Defendant-Appellant)
MEMORANDUM OPINION
EUGENE A. LUCCI, J.
{¶1} Appellant, Kenneth Ray Davis, Jr., pro se, filed a notice of appeal on January 17, 2023, from a judgment entry issued by the Mentor Municipal Court on January 9, 2023, which denied his motion to vacate the court's bind over order.
{¶2} On December 16, 2022, appellant was charged with receiving stolen property, in violation of R.C. 2913.51(A). After the municipal court held a preliminary hearing, probable cause was found, and the court ordered that appellant be bound over to the court of common pleas on January 5, 2023.
{¶3} Pursuant to Crim.R. 5(B)(4)(a) and (5):
{¶4} "Preliminary Hearing in Felony Cases; Procedure.
{¶5} "* * *
{¶6} "Upon conclusion of all the evidence * * * the court shall do one of the following:
{¶7} "(a) Find that there is probable cause to believe the crime alleged * * * has been committed and that the defendant committed it, and bind the defendant over to the court of common pleas * * *
{¶8} "(5) Any finding requiring the accused to stand trial on any charge shall be based solely on the presence of substantial credible evidence thereof. No appeal shall lie from such decision * * *."
{¶9} Appellant's attempt to appeal the bind-over order is precluded by the Ohio Criminal Rules. Thus, appellant cannot challenge the bind over to the court of common pleas. See State v. Miller, 9th Dist. Summit No. 12198, 1986 WL 1127, *2 (Jan. 22, 1986). (Citing the foregoing criminal rule and holding an appellant "cannot challenge the trial court's finding of probable cause and subsequent binding over to the grand jury for indictment.")
{¶10} Appeals dismissed.
JOHN J EKLUND, P.J., MARY JANE TRAPP, J., concur