State v. Berrios

2022 Ohio 1999

Opinion

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.

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Case No. 2022-A-0043