State v. Thompson , 2018 Ohio 4177 ( 2018 )

[Cite as State v. Thompson, 2018-Ohio-4177.]
IN THE COURT OF APPEALS
ELEVENTH APPELLATE DISTRICT
PORTAGE COUNTY, OHIO
STATE OF OHIO, : MEMORANDUM OPINION
Plaintiff-Appellee, :
CASE NO. 2018-P-0066
- vs - :
MICHAEL THOMPSON, :
Defendant-Appellant. :
Criminal Appeal from the Court of Common Pleas, Case No. 2018 CR 00075.
Judgment: Appeal dismissed.
Victor V. Vigluicci, Portage County Prosecutor, 241 South Chestnut Street, Ravenna,
OH 44266 (For Plaintiff-Appellee).
Michael Thompson, pro se, Portage County Jail, 8240 Infirmary Road, Ravenna, OH
44266 (Defendant-Appellant).
DIANE V. GRENDELL, J.
{¶1} Appellant, Michael Thompson, filed a pro se appeal from the trial court’s
August 23, 2018 judgment entry. At the end of the entry, the court stated the following:
{¶2} “* * * [T]he Court finds that the jury returned a verdict of ‘GUILTY’ to the
charge contained in Count One of the Indictment, said charge being ‘Possession of
Cocaine”, a felony of the fifth degree, in violation of R.C. 2925.11 AC4a.’
{¶3} “IT IS THEREFORE ORDERED Defendant shall remain in custody and
this matter is referred to Portage County Adult Probation for an expedited Statutory
Investigation and Report.”
{¶4} R.C. 2505.02(B) defines the types of orders that constitute a final
appealable order:
{¶5} “(1) An order that affects a substantial right in an action that in effect
determines the action and prevents a judgment;
{¶6} “(2) An order that affects a substantial right made in a special proceeding
or upon a summary application in an action after judgment;
{¶7} “(3) An order that vacates or sets aside a judgment or grants a new trial;
{¶8} “(4) An order that or denies a provisional remedy and to which both of the
following apply:
{¶9} “(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.
{¶10} “(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.
{¶11} “(5) An order that determines that an action may or may not be maintained
as a class action;
{¶12} * * *.”
{¶13} 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.”
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Furthermore, the Supreme Court of Ohio has stated that “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).
{¶14} Here, there has been no disposition of the underlying case. The court has
not made a finding on the verdict, and there is no sentence. The matter was merely
referred to the probation department for a Statutory Investigation and Report. Pursuant
to Crim.R. 32(C), a criminal judgment must contain the fact of conviction and the court’s
sentence. The appeal is premature as neither of the foregoing have been accomplished
yet.
{¶15} Accordingly, this appeal is hereby dismissed, sua sponte, for lack of
jurisdiction.
CYNTHIA WESTCOTT RICE, J.,
COLLEEN MARY O’TOOLE, J.,
concur.
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