State v. Brown, Unpublished Decision (2-15-2005)

Ohio Court of Appeals

State v. Brown, Unpublished Decision (2-15-2005)

2005 Ohio 562

Ohio Court of Appeals·Decided February 15, 2005·No. No. 2004-T-0123.·Unpublished

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.

Free access — add to your briefcase to read the full text and ask questions with AI

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.

State v. Brown, Unpublished Decision (2-15-2005), 2005 Ohio 562 (Ohio Ct.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

Pincite

2005 Ohio 562 (State v. Brown, Unpublished Decision (2-15-2005)) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related