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State v. Kovach

Court of Appeals of Ohio, Eleventh District, Geauga
Mar 21, 2022
2022 Ohio 891 (Ohio Ct. App. 2022)

Opinion

2022-G-0003

03-21-2022

STATE OF OHIO, Plaintiff-Appellee, v. STACEY KOVACH, Defendant-Appellant.

James R. Flaiz, Geauga County Prosecutor, (For Plaintiff-Appellee) Stacey Kovach, pro se, Geauga County Jail, (Defendant-Appellant).


Criminal Appeal from the Court of Common Pleas Trial Court No. 2018 C 000136

James R. Flaiz, Geauga County Prosecutor, (For Plaintiff-Appellee)

Stacey Kovach, pro se, Geauga County Jail, (Defendant-Appellant).

MEMORANDUM OPINION

MATT LYNCH, J.

{¶1} On February 10, 2022, appellant, Stacey Kovach, pro se, filed a notice of appeal. No judgment entry is attached to the notice, but appellant indicates on her notice that she is appealing a February 1, 2022 entry.

{¶2} On February 1, 2022, a notation was made on the trial court docket reflecting that appellant was found guilty by a jury on all counts. No sentencing entry was issued, and a February 8, 2022 docket notation reflects that the sentencing hearing is scheduled for April 27, 2022.

{¶3} On February 16, 2022, appellee, the state of Ohio, filed a motion to dismiss the appeal for lack of jurisdiction because the trial court has not issued a final appealable order which sentences appellant.

{¶4} Appellant filed a response in opposition to the motion on February 28, 2022.

{¶5} R.C. 2505.02 defines the types of orders that constitute a final appealable order:

{¶6} "(1) An order that affects a substantial right in an action that in effect determines the action and prevents a judgment;

{¶7} "(2) An order that affects a substantial right made in a special proceeding or upon a summary application in an action after judgment;

{¶8} "(3) An order that vacates or sets aside a judgment or grants a new trial;

{¶9} "(4) An order that grants or denies a provisional remedy and to which both of the following apply:

{¶10} "(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.

{¶11} "(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.

{¶12} "(5) An order that determines that an action may or may not be maintained as a class action; * * *."

{¶13} 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."

{¶14} Further, 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. Eyajan, 11th Dist. Ashtabula Nos. 2019-A-0005, 2019-A-0006, 2019-A-0007, 2019-A-0008, 2019-A-0009, 2019-A-0010, 2019-Ohio-419; 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.

{¶15} In the present case, there has been no disposition of the underlying cause i.e., appellant has not been sentenced in her criminal case. This appeal is premature, and appellant has a remedy to appeal when the case is concluded by the trial court.

{¶16} Accordingly, appellee's motion to dismiss is granted, and the appeal is dismissed for lack of a final appealable order.

THOMAS R. WRIGHT, P.J., JOHN J. EKLUND, J., concur.


Summaries of

State v. Kovach

Court of Appeals of Ohio, Eleventh District, Geauga
Mar 21, 2022
2022 Ohio 891 (Ohio Ct. App. 2022)
Case details for

State v. Kovach

Case Details

Full title:STATE OF OHIO, Plaintiff-Appellee, v. STACEY KOVACH, Defendant-Appellant.

Court:Court of Appeals of Ohio, Eleventh District, Geauga

Date published: Mar 21, 2022

Citations

2022 Ohio 891 (Ohio Ct. App. 2022)