State v. Weir , 2022 Ohio 330 ( 2022 )

[Cite as State v. Weir, 2022-Ohio-330.]
IN THE COURT OF APPEALS OF OHIO
ELEVENTH APPELLATE DISTRICT
ASHTABULA COUNTY
STATE OF OHIO, CASE NO. 2021-A-0032
Plaintiff-Appellee,
Criminal Appeal from the
-v- Court of Common Pleas
KEVIN A. WEIR,
Trial Court No. 2016 CR 00465
Defendant-Appellant.
MEMORANDUM
OPINION
Decided: February 7, 2022
Judgment: Appeal dismissed
Colleen M. O’Toole, Ashtabula County Prosecutor, and Shelley M. Pratt, Assistant
Prosecutor, 25 West Jefferson Street, Jefferson, OH 44047-1092 (For Plaintiff-
Appellee).
Kevin A. Weir, pro se, PID# A691-188, Belmont Correctional Institution, 68518 Bannock
Road, P.O. Box 540, St. Clairsville, OH 43950 (Defendant-Appellant).
MATT LYNCH, J.
{¶1} Appellant, Kevin A. Weir, filed a pro se notice of appeal on October 25, 2021,
from an October 12, 2021 judgment entry of the Ashtabula County Court of Common
Pleas denying his motion for judicial release under R.C. 2929.20.
{¶2} In State v. Coffman, 91 Ohio St.3d 125, 126 (2001), the Supreme Court of
Ohio held that the denial of a motion for shock probation under the former R.C. 2947.061
is never a final appealable order. The General Assembly replaced shock probation with
judicial release, effective July 1, 1996.
{¶3} Ohio courts have held that the same logic regarding finality applies to the
denial of a motion for 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) because the trial
court judge has full discretion whether to grant or deny judicial release. It is simply not
a final appealable order. State v. Cruz, 8th Dist. Cuyahoga No. 109770, 2021-Ohio-947;
State v. Zakrajsek, 11th Dist. Ashtabula No. 2018-A-0033, 2018-Ohio-1885; State v.
Williams, 8th Dist. Cuyahoga No. 95359, 2011-Ohio-120, at ¶ 10-11; State v. Ingram,
10th Dist. Franklin No. 03AP-149, 2003-Ohio-5380, ¶ 6-7; State v. Burgess, 2d Dist.
Greene No. 01-CA-87, 2002-Ohio-2594.
{¶4} Therefore, this appeal is hereby dismissed, sua sponte, for lack of a final
appealable order.
{¶5} Appeal dismissed.
THOMAS R. WRIGHT, P.J.,
JOHN J. EKLUND, J.,
concur.
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Case No. 2021-A-0032