Opinion
2022-P-0042
09-12-2022
STATE OF OHIO, Plaintiff-Appellee, v. DAVID A. NIXON, Defendant-Appellant.
Victor V. Vigluicci, Portage County Prosecutor, and Pamela J. Holder, Assistant Prosecutor, (For Plaintiff-Appellee). David A. Nixon, pro se, Portage County Justice Center, (Defendant-Appellant).
Criminal Appeal from the Court of Common Pleas Trial Court No. 2022 CR 00534
Judgment: Appeal dismissed
Victor V. Vigluicci, Portage County Prosecutor, and Pamela J. Holder, Assistant Prosecutor, (For Plaintiff-Appellee).
David A. Nixon, pro se, Portage County Justice Center, (Defendant-Appellant).
MEMORANDUM OPINION
JOHN J. EKLUND, JUDGE
{¶1} On August 9, 2022, appellant, David A. Nixon, pro se, filed a notice of appeal from an August 1, 2022 judgment entry of the Portage County Court of Common Pleas which denied his pretrial motion to obtain the transcript of the Grand Jury proceedings.
{¶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} * * *."
{¶11} In regard to 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, 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).
{¶12} The appealed judgment does not conform to any of the criteria in R.C. 2505.02 for being a final appealable order. Appellant has not been convicted or sentenced in this matter. Further, to qualify as a provisional remedy, the court's order would have to prevent appellant from having a meaningful or effective remedy following sentencing. In this case, appellant can challenge the trial court's August 1, 2022 entry at the conclusion of the criminal case in an appeal from his conviction and sentence.
{¶13} Accordingly, this appeal is hereby dismissed for lack of jurisdiction.
CYNTHIA WESTCOTT RICE, J., MARY JANE TRAPP, J., concur.