Opinion
No. 2006-L-007.
April 28, 2006.
Criminal Appeal from the Court of Common Pleas, Case No. 95 CR 000397.
Appeal dismissed.
Charles E. Coulson, Lake County Prosecutor, 105 Main Street, P.O. Box 490, Painesville, OH 44077 (For Plaintiff-Appellee).
Jay R. Vernon, pro se, PID: 313-537, Marion Correctional Institution, P.O. Box 57, Marion, OH 43301-0057 (Defendant-Appellant).
MEMORANDUM OPINION
{¶ 1} On January 10, 2006, appellant, Jay R. Vernon, pro se, filed a notice of appeal from a January 5, 2006 judgment entry of the Lake County Court of Common Pleas. In that judgment, the trial court denied appellant's motion to dismiss a sexual offender determination hearing. It appears that the entry appealed from is not a final appealable order pursuant to R.C. 2505.02.
{¶ 2} Generally, an order denying a motion to dismiss is not a final appealable order. West v. Carfax, Inc., 11th Dist. No. 2005-T-0044, 2005 WL 1503722, 2005-Ohio-3266, at ¶ 2, citing Ferrell v. Standard Oil Co. of Ohio (1984), 11 Ohio St.3d 169. Furthermore, we note that overruling a motion to dismiss on the ground of double jeopardy is also not a final appealable order that may immediately be reviewed upon appeal. State v. Crago (1990), 53 Ohio St.3d 243, 244.
{¶ 3} In the instant matter, the trial court overruled appellant's motion to dismiss on double jeopardy grounds. Therefore, the judgment entry from which this appeal is taken is not a final appealable order pursuant to R.C. 2505.02, and thus, this court does not have jurisdiction to consider the merits of his appeal.
{¶ 4} Based upon the foregoing analysis, this appeal is hereby sua sponte dismissed for lack of a final appealable order.
{¶ 5} Appeal dismissed.
Ford, P.J., Rice, J., concur.