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State v. Phipps

Court of Appeals of Ohio, Eleventh District, Portage County
Jul 7, 2006
2006 Ohio 3545 (Ohio Ct. App. 2006)

Opinion

No. 2006-P-0032.

July 7, 2006.

Criminal Appeal from the Municipal Court, Kent Division, Case No. K 05 TRC 5117 S.

Appeal dismissed.

Victor V. Vigluicci, Portage County Prosecutor, 466 South Chestnut Street, Ravenna, OH 44266 (For Plaintiff-Appellee).

Frank J. Cimino, 250 South Chestnut Street, #18, Ravenna, OH 44266 (For Defendant-Appellant).


MEMORANDUM OPINION


{¶ 1} On April 21, 2006, appellant, Joseph P. Phipps, filed a notice of appeal from an April 7, 2006 judgment of the Portage County Municipal Court, Kent Division. In that judgment, appellant entered a plea of no contest and was found guilty of OVI, in violation of R.C. 4511.19(A)(1). However, the appealed judgment does not include the sentence imposed upon appellant for this violation. It fact, the judgment indicates that execution of appellant's sentence was stayed pending appeal. It appears that the trial court has not yet sentenced appellant and has stayed that particular phase of the proceeding.

{¶ 2} 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 (1964), 177 Ohio St. 104, 106-107. In addition, Crim.R. 32(C) provides that "[a] judgment of conviction shall set forth the plea, the verdict or findings, and the sentence. * * *" (Emphasis added.)

{¶ 3} In the present case, no sentence has been imposed. Thus, there is no final appealable order and this court is without jurisdiction to consider this appeal at this time. Accordingly, this appeal is hereby, sua sponte, dismissed due to lack of a final appealable order.

{¶ 4} Appeal dismissed.

Rice, J., O'Toole, J., concur.


Summaries of

State v. Phipps

Court of Appeals of Ohio, Eleventh District, Portage County
Jul 7, 2006
2006 Ohio 3545 (Ohio Ct. App. 2006)
Case details for

State v. Phipps

Case Details

Full title:State of Ohio, Plaintiff-Appellee, v. Joseph P. Phipps, Defendant-Appellant

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

Date published: Jul 7, 2006

Citations

2006 Ohio 3545 (Ohio Ct. App. 2006)