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State v. Nixon

Court of Appeals of Ohio, Eleventh District, Portage
Sep 7, 2021
2021 Ohio 3081 (Ohio Ct. App. 2021)

Opinion

2021-P-0077

09-07-2021

STATE OF OHIO, Plaintiff-Appellee, v. DAVID A. NIXON, Defendant-Appellant.

Victor V. Vigluicci, Portage County Prosecutor, (For Plaintiff-Appellee). David A. Nixon, pro se, Portage County Jail, (Defendant-Appellant).


Criminal Appeal from the Court of Common Pleas Trial Court No. 2021 CR 00626

Judgment: Appeal dismissed

Victor V. Vigluicci, Portage County Prosecutor, (For Plaintiff-Appellee).

David A. Nixon, pro se, Portage County Jail, (Defendant-Appellant).

MEMORANDUM OPINION

THOMAS R. WRIGHT, J.

{¶1} On July 23, 2021, appellant, David A. Nixon, pro se, filed a notice of appeal from the trial court's July 12, 2021 judgment entry which orders: "[appellant's] bond is set at $100,000 cash or surety and shall have a Temporary Protection Order."

{¶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, "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.

{¶11} In the present case, there has been no disposition of the underlying cause i.e., appellant has not been convicted.

{¶12} Accordingly, the appeal is dismissed for lack of a final appealable order.

MARY JANE TRAPP, P.J., MATT LYNCH, J., concur.


Summaries of

State v. Nixon

Court of Appeals of Ohio, Eleventh District, Portage
Sep 7, 2021
2021 Ohio 3081 (Ohio Ct. App. 2021)
Case details for

State v. Nixon

Case Details

Full title:STATE OF OHIO, Plaintiff-Appellee, v. DAVID A. NIXON, Defendant-Appellant.

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

Date published: Sep 7, 2021

Citations

2021 Ohio 3081 (Ohio Ct. App. 2021)