State v. Schrock

2017 Ohio 2723

Opinion

IN THE COURT OF APPEALS

ELEVENTH APPELLATE DISTRICT PORTAGE COUNTY, OHIO

STATE OF OHIO, : MEMORANDUM OPINION

Plaintiff-Appellee, :

CASE NO. 2016-P-0078

- vs - :

MATTHEW M. SCHROCK, :

Defendant-Appellant. :

Criminal Appeal from the Court of Common Pleas, Case No. 2013 CR 00164.

Judgment: Appeal dismissed.

Victor V. Vigluicci, Portage County Prosecutor, 241 South Chestnut Street, Ravenna, OH 44266 (For Plaintiff-Appellee).

Matthew M. Schrock, pro se, Portage County Jail, 8204 Infirmary Road, Ravenna, OH 44266 (Defendant-Appellant).

CYNTHIA WESTCOTT RICE, P.J.

{¶1} On December 5, 2016, appellant, Matthew M. Schrock, pro se, filed a notice of appeal from a November 21, 2016 judgment issued by the Portage County Court of Common Pleas denying his motion for judicial release without a hearing.

{¶2} Pursuant to Article IV, Section 3(B)(2), of the Ohio Constitution, appellate courts have jurisdiction to review, affirm, modify, or reverse judgments or final orders from

2

courts of record inferior to the court of appeals and from final orders or actions of administrative officers or agencies.

{¶3} In State v. Coffman, 91 Ohio St.3d 125, 126, 2001-Ohio-273, the Supreme Court of Ohio expressly held that “a trial court’s denial of a motion for shock probation is never a final appealable order.” In addition, appellate courts in Ohio that have addressed this issue after Coffman have held that the same logic is applicable to a denial of a motion for judicial release since it mirrors shock probation. See State v. Woods, 141 Ohio App.3d 549, 550 (2001); State v. Williams, 10th Dist. Franklin No. 07AP-1035, 2008-Ohio-1906, at ¶8; State v. Mayle, 5th Dist. Morgan Nos. 07-CA-0006 and 07-CA-0007, 2008-Ohio-3761, at ¶13; State v. Greene, 2d Dist. Greene No. 02-CA-17, 2002-Ohio-2595, at ¶6. Since there is no right to judicial release, the denial of a motion for judicial release cannot affect a “substantial right” as that term is defined in R.C. 2505.02(A)(1).

{¶4} Therefore, this appeal is hereby dismissed, sua sponte, for lack of a final appealable order.

{¶5} Appeal dismissed.

TIMOTHY P. CANNON, J., THOMAS R. WRIGHT, J., concur.