State v. Berrios

2022 Ohio 1999

• Court: Ohio Court of Appeals
• Decided: June 13, 2022
• Docket: 2022-A-0043
• Status: Published

Opinion

[Cite as State v. Berrios, 2022-Ohio-1999.]

IN THE COURT OF APPEALS OF OHIO ELEVENTH APPELLATE DISTRICT ASHTABULA COUNTY

STATE OF OHIO, CASE NO. 2022-A-0043

Plaintiff-Appellee, Criminal Appeal from the -v- Court of Common Pleas

RAUL ALVAREZ BERRIOS, Trial Court No. 2021 CR 00126 Defendant-Appellant.

MEMORANDUM OPINION

Decided: June 13, 2022 Judgment: Appeal dismissed

Colleen M. O’Toole, Ashtabula County Prosecutor, 25 West Jefferson Street, Jefferson, OH 44047 (For Plaintiff-Appellee).

Joseph P. Morse, 323 West Lakeside Avenue, Suite 220, Cleveland, OH 44113 (For Defendant-Appellant).

JOHN J. EKLUND, J.

{¶1} On May 19, 2022, appellant, Raul Alvarez Berrios, by and through counsel

filed a notice of appeal from an October 19, 2021 judgment entry of the Ashtabula County

Court of Common Pleas which denied his pretrial motion to suppress evidence.

{¶2} An order denying a defendant’s motion to suppress prior to the conclusion

of the criminal trial has been held to not be a final appealable order. See State v. Jones,

11th Dist. Portage No. 98-P-0116, 1999 WL 33100648, *2 (Jan. 29, 1999); State v.

Ricciardi, 134 Ohio App.3d 155 (7th Dist.1999). {¶3} Additionally, even if the October 19, 2021 entry were a final order,

appellant’s May 19, 2022 notice of appeal would be untimely since it was filed beyond the

thirty-day time period in App.R. 4(A)(1).

{¶4} Appeal dismissed, sua sponte, for lack of jurisdiction.

CYNTHIA WESTCOTT RICE, J.,

MARY JANE TRAPP, J.,

concur.

Case No. 2022-A-0043