State v. Brown, Unpublished Decision (2-15-2005)

Ohio Court of Appeals

State v. Brown, Unpublished Decision (2-15-2005)

2005 Ohio 562

CourtOhio Court of Appeals

DecidedFebruary 15, 2005

DocketNo. 2004-T-0123.

StatusUnpublished

This text of 2005 Ohio 562 (State v. Brown, Unpublished Decision (2-15-2005)) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Brown, Unpublished Decision (2-15-2005), 2005 Ohio 562 (Ohio Ct. App. 2005).

Pincite

Opinion

MEMORANDUM OPINION {¶ 1} On October 20, 2004, appellant, Marvin J. Brown, filed a notice of appeal from an October 13, 2004 judgment of the Warren Municipal Court. In that judgment, appellant was found guilty of Driving Under the Influence, in violation of R.C. 4511.19(A)(1), and Speeding, in violation of R.C. 4511.21. However, sentencing was deferred pending appeal.

{¶ 2} It is well established that a judgment of conviction is not a final appealable order until a sentence is rendered. State v.Chamberlain (1964), 177 Ohio St. 104, 106-107; State v. Pasqualone (2000), 140 Ohio App.3d 650, 655; State v. George (1994),98 Ohio App.3d 371, 374.

{¶ 3} In the present case, since no sentence has been rendered, there is no final appealable order. Thus, this court is without jurisdiction to consider this appeal at this time. Hence, this appeal is hereby sua sponte dismissed due to lack of a final appealable order.

{¶ 4} Appeal dismissed.

Grendell, J., Rice, J., concur.

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