Opinion
2021-P-0026
11-01-2021
STATE OF OHIO, Plaintiff-Appellee, v. TIANA CHANEL WASHINGTON, Defendant-Appellant.
Victor V Vigluicci, Portage County Prosecutor, and Theresa M. Scahill, Assistant Prosecutor, (For Plaintiff-Appellee). Adam M. Van Ho, (For Defendant-Appellant).
Criminal Appeal from the Municipal Court, Ravenna Division Trial Court No. 2020 TRC 10902 R
Victor V Vigluicci, Portage County Prosecutor, and Theresa M. Scahill, Assistant Prosecutor, (For Plaintiff-Appellee).
Adam M. Van Ho, (For Defendant-Appellant).
MEMORANDUM OPINION
JOHN J. EKLUND, J.
{¶1} Appellant, Tiana Chanel Washington, appeals from a February 11, 2021 entry of the Portage County Municipal Court, Ravenna Division. After finding appellant guilty of OVI, a first-degree misdemeanor, and speeding, a minor misdemeanor, the trial court sentenced her to a $475 fine; 180 days in jail, with 180 days suspended; and a one year driver's license suspension.
{¶2} Appellee, the state of Ohio, filed a motion to dismiss the appeal for lack of jurisdiction indicating that the sentencing entry is not a final appealable order. 1 Specifically, appellee contends that the appeal should be dismissed because the entry does not contain a separate sentence for each offense; rather, it just contains a "blanket sentence" for both convictions. State v. Clay, 11th Dist. Trumbull No. 2009-T-0126, 2010-Ohio-4558, ¶ 11; and State v. Garner, 11th Dist. Trumbull No. 2002-T-0025, 2003-Ohio-5222, ¶ 7.
{¶3} No brief or memorandum in opposition to the motion has been filed by appellant.
{¶4} When only a single sentence is imposed after finding an appellant guilty of two different crimes, one of the offenses is left without a sentence, and this court is unable to determine to which offense the sentence applies. Thus, there is no final appealable order. Garner at ¶ 10. See also State v. Kelly, 11th Dist. Portage No. 2020-P-0077, 2021-Ohio-474.
{¶5} Therefore, it is ordered that appellee's motion to dismiss is granted, and the appeal is hereby dismissed.
MARY JANE TRAPP, P.J, concurs,
THOMAS R WRIGHT, J, concurs in judgment only. 2