State v. Nixon , 2021 Ohio 3081 ( 2021 )

[Cite as State v. Nixon, 2021-Ohio-3081.]
IN THE COURT OF APPEALS OF OHIO
ELEVENTH APPELLATE DISTRICT
PORTAGE COUNTY
STATE OF OHIO, CASE NO. 2021-P-0077
Plaintiff-Appellee,
Criminal Appeal from the
-v- Court of Common Pleas
DAVID A. NIXON,
Trial Court No. 2021 CR 00626
Defendant-Appellant.
MEMORANDUM
OPINION
Decided: September 7, 2021
Judgment: Appeal dismissed
Victor V. Vigluicci, Portage County Prosecutor, 241 South Chestnut Street, Ravenna,
OH 44266 (For Plaintiff-Appellee).
David A. Nixon, pro se, Portage County Jail, 8240 Infirmary Road, Ravenna, OH 44266
(Defendant-Appellant).
THOMAS R. WRIGHT, J.
{¶1} On July 23, 2021, appellant, David A. Nixon, pro se, filed a notice of appeal
from the trial court’s July 12, 2021 judgment entry which orders: “[appellant’s] bond is set
at $100,000 cash or surety and shall have a Temporary Protection Order.”
{¶2} R.C. 2505.02 defines the types of orders that constitute a final appealable
order:
{¶3} “(1) An order that affects a substantial right in an action that in effect
determines the action and prevents a judgment;
{¶4} “(2) An order that affects a substantial right made in a special proceeding or
upon a summary application in an action after judgment;
{¶5} “(3) An order that vacates or sets aside a judgment or grants a new trial;
{¶6} “(4) An order that grants or denies a provisional remedy and to which both
of the following apply:
{¶7} “(a) The order in effect determines the action with respect to the provisional
remedy and prevents a judgment in the action in favor of the appealing party with respect
to the provisional remedy.
{¶8} “(b) The appealing party would not be afforded a meaningful or effective
remedy by an appeal following final judgment as to all proceedings, issues, claims, and
parties in the action.
{¶9} “(5) An order that determines that an action may or may not be maintained
as a class action; * * *.”
{¶10} In criminal cases, pursuant to R.C. 2953.02, a court of appeals only
possesses jurisdiction to hear an appeal if it is from a “judgment or final order.”
Furthermore, “in a criminal case there must be a sentence which constitutes a judgment
or a final order which amounts ‘to a disposition of the cause’ before there is a basis for
appeal.” State v. Chamberlain, 177 Ohio St. 104, 106-107(1964); see also State v.
Eyajan, 11th Dist. Ashtabula Nos. 2019-A-0005, 2019-A-0006, 2019-A-0007, 2019-A-
0008, 2019-A-0009, 2019-A-0010, 2019-Ohio-419; State v. Thompson, 11th Dist.
Portage No. 2018-P-0066, 2018-Ohio-4177; State v. Marbuery-Davis, 11th Dist. Lake No.
2016-L-001, 2016-Ohio-898.
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Case No. 2021-P-0077
{¶11} In the present case, there has been no disposition of the underlying cause
i.e., appellant has not been convicted.
{¶12} Accordingly, the appeal is dismissed for lack of a final appealable order.
MARY JANE TRAPP, P.J.,
MATT LYNCH, J.,
concur.
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