State v. Walker, 2009-L-015 (4-17-2009)

2009 Ohio 1829

• Court: Ohio Court of Appeals
• Decided: April 17, 2009
• Docket: No. 2009-L-015.
• Status: Published

Opinion

MEMORANDUM OPINION {¶ 1} On February 3, 2009, appellant, Louis M. Walker, pro se, filed his notice of appeal from a January 12, 2009 judgment issued by the Lake County Court of Common Pleas denying his motion for judicial release under R.C. 2929.20.

{¶ 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 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 afterCoffman have held that the same logic is applicable to a denial of a motion for judicial release since it mirrors shock probation. State v.Woods (2001), 141 Ohio App.3d 549, 550; State v. Williams, 10th Dist. No. 07AP-1035, 2008-Ohio-1906, at ¶ 9; State v. Mayle, 5th Dist. Nos. 07-CA-0006 and 07-CA-0007, 2008-Ohio-3761, at ¶ 13; State v.Greene, 2nd Dist. 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 for lack of a final appealable order.

{¶ 5} Appeal dismissed.

MARY JANE TRAPP, P.J., COLLEEN MARY O'TOOLE, J., concur.