State v. Johnson ( 2014 )

[Cite as State v. Johnson, 2014-Ohio-1875.]
IN THE COURT OF APPEALS
ELEVENTH APPELLATE DISTRICT
GEAUGA COUNTY, OHIO
STATE OF OHIO, : MEMORANDUM OPINION
Plaintiff-Appellee, :
CASE NO. 2014-G-3200
- vs - :
CINSEREE JOHNSON, :
Defendant-Appellant. :
Criminal Appeal from the Geauga County Court of Common Pleas, Case No. 12 C
000142.
Judgment: Appeal dismissed.
James R. Flaiz, Geauga County Prosecutor, and Nicholas A. Burling, Assistant
Prosecuting Attorney, Courthouse Annex, 231 Main Street, Suite 3A, Chardon, OH
44024 (For Plaintiff-Appellee).
Cinseree Johnson, pro se, 12450 Merritt Road, Chardon, OH 44024 (Defendant-
Appellant).
THOMAS R. WRIGHT, J.
{¶1} A jury found appellant guilty of theft in violation of R.C. 2913.02(A)(1), a
fifth degree felony. The trial court accepted the jury verdict and referred the matter for a
presentence investigation. Appellant has not yet been sentenced.
{¶2} It is well established that a judgment of conviction is not a final appealable
order until a sentence is rendered. State v. Donkers, 11th Dist. Portage Nos. 2003-P-
0101, 2003-P-0102, 2003-Ohio-549 at ¶4, citing State v. Chamberlain, 177 Ohio St.
104, 202 N.E.2d 695 (1964). Because the judgment entry appealed is not a final
appealable order, this court currently lacks jurisdiction to grant relief. Therefore, the
appeal is hereby dismissed. Appellant may appeal to this court once a sentence is
imposed.
TIMOTHY P. CANNON, P.J.,
COLLEEN MARY O’TOOLE, J.,
concur.
2