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State v. Rankin

Court of Appeals of Ohio, Eleventh District, Ashtabula
Nov 12, 2024
2024 Ohio 5369 (Ohio Ct. App. 2024)

Opinion

2024-A-0075

11-12-2024

STATE OF OHIO, Plaintiff-Appellee, v. JEANNA RANKIN, Defendant-Appellant.

Colleen M. O'Toole, Ashtabula County Prosecutor, (For Plaintiff-Appellee). Jeanna Rankin, pro se, (Defendant-Appellant).


Criminal Appeal from the County Court, Eastern District Trial Court No. 2024 CRB 00008 E

Colleen M. O'Toole, Ashtabula County Prosecutor, (For Plaintiff-Appellee).

Jeanna Rankin, pro se, (Defendant-Appellant).

MEMORANDUM OPINION

JOHN J. EKLUND, J.

{¶1} Appellant, Jeanna Rankin, pro se, appeals from a September 9, 2024 judgment of the Ashtabula County Municipal Court, Eastern District.

{¶2} On January 17, 2024, complaints for criminal trespass, a fourth degree misdemeanor, and telecommunications harassment, a first degree misdemeanor, were filed against appellant. In the September 9, 2024 entry, the trial court dismissed both counts pursuant to Crim.R. 48(A). Appellant appeals from that entry.

{¶3} According to Section 3(B)(2), Article IV of the Ohio Constitution, a court of appeals is limited to the review of final orders from lower courts. R.C. 2505.02(B) sets forth seven categories of "final orders," and if a trial court's judgment satisfies any of one of them, it will be considered a "final order" which can be immediately appealed and reviewed by an appellate court. Germ v. Fuerst, 2003-Ohio-6241, ¶ 3 (11th Dist.).

{¶4} Crim.R. 48(A) provides that "[t]he state may by leave of court and in open court file an entry of dismissal of an indictment, information, or complaint and the prosecution shall thereupon terminate." This type of dismissal does not fall under any of the categories in R.C. 2505.02 and is not considered to be a final appealable order. State v. Barna, 2021-Ohio-3794, ¶ 2 (11th Dist.). As a result of this type of dismissal, a defendant is simply placed in the same position the he or she was in prior to the charges being filed. State v. Williams, 2011-Ohio-6412, ¶ 11 (9th Dist.).

{¶5} Here, the trial court dismissed the charges pursuant to Crim.R. 48(A). Therefore, appellant was placed in the same position she was in prior to appellee's filing of criminal charges.

{¶6} For the foregoing reasons, this appeal is hereby dismissed for lack of a final appealable order.

MATT LYNCH, J., ROBERT J. PATTON, J, concur


Summaries of

State v. Rankin

Court of Appeals of Ohio, Eleventh District, Ashtabula
Nov 12, 2024
2024 Ohio 5369 (Ohio Ct. App. 2024)
Case details for

State v. Rankin

Case Details

Full title:STATE OF OHIO, Plaintiff-Appellee, v. JEANNA RANKIN, Defendant-Appellant.

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

Date published: Nov 12, 2024

Citations

2024 Ohio 5369 (Ohio Ct. App. 2024)