State v. Wright

Full title: State of Ohio Appellee v. Emmanuel Andre Wright Appellant

Court: COURT OF APPEALS OF OHIO SIXTH APPELLATE DISTRICT LUCAS COUNTY

Date published: Mar 31, 2015

2015 Ohio 1269 (Ohio Ct. App. 2015)

Opinion

Court of Appeals Nos. L-14-1167

03-31-2015

State of Ohio Appellee v. Emmanuel Andre Wright Appellant

Julia R. Bates, Lucas County Prosecuting Attorney, and Evy M. Jarrett, Assistant Prosecuting Attorney, for appellee. Emmanuel Andre Wright, pro se.

SINGER, J.

Trial Court Nos. CR0201202162 DECISION AND JUDGMENT Julia R. Bates, Lucas County Prosecuting Attorney, and Evy M. Jarrett, Assistant Prosecuting Attorney, for appellee. Emmanuel Andre Wright, pro se. SINGER, J.

{¶ 1} This accelerated appeal comes to us from the Lucas County Court of Common Pleas. For the reasons that follow, we dismiss this appeal.

{¶ 2} 6th Dist. Loc. App.R. 3(A) provides that a notice of appeal shall have attached to it a copy of the judgment or order from which the appeal is taken, signed by the trial court judge and indicating the date the judgment or order was entered on the journal. Failure to attach the final judgment entry or order may be grounds for dismissal.

{¶ 3} Appellant here filed his notice of appeal on July 30, 2014. He indicates that he is appealing a judgment of conviction entered on July 24, 2014. Appellant did not attach a July 24 judgment entry to his notice of appeal and we can find no such judgment entry in the record before us. Moreover, in his brief, appellant argues the merits of a judgment entry entered on November 13, 2014. See, e.g., State v. Wright, 6th Dist. Lucas. No. L-14-1265.

{¶ 4} The Ohio Constitution limits an appellate court's jurisdiction to the review of final judgments of lower courts. Ohio Constitution, Article IV, Section 3(B)(2); R.C. 2505.02. In the absence of a final appealable order, we must sua sponte dismiss this appeal for lack of subject-matter jurisdiction. See Whitaker-Merrell Co. v. Geupel Constr. Co., 29 Ohio St.2d 184, 186, 280 N.E.2d 922 (1972). Appellant is ordered to pay costs pursuant to App.R. 24.

Appeal dismissed.

A certified copy of this entry shall constitute the mandate pursuant to App.R. 27. See also 6th Dist.Loc.App.R. 4.

Mark L. Pietrykowski, J.

Arlene Singer, J.

Thomas J. Osowik, J.
CONCUR.
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JUDGE
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JUDGE
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JUDGE

This decision is subject to further editing by the Supreme Court of

Ohio's Reporter of Decisions. Parties interested in viewing the final reported

version are advised to visit the Ohio Supreme Court's web site at:

http://www.sconet.state.oh.us/rod/newpdf/?source=6.