State v. Kovach , 2022 Ohio 891 ( 2022 )

[Cite as State v. Kovach, 2022-Ohio-891.]
IN THE COURT OF APPEALS OF OHIO
ELEVENTH APPELLATE DISTRICT
GEAUGA COUNTY
STATE OF OHIO, CASE NO. 2022-G-0003
Plaintiff-Appellee,
Criminal Appeal from the
-v- Court of Common Pleas
STACEY KOVACH,
Trial Court No. 2018 C 000136
Defendant-Appellant.
MEMORANDUM
OPINION
Decided: March 21, 2022
Judgment: Appeal dismissed
James R. Flaiz, Geauga County Prosecutor, Courthouse Annex, 231 Main Street,
Chardon, OH 44024 (For Plaintiff-Appellee)
Stacey Kovach, pro se, Geauga County Jail, 12450 Merritt Road, Chardon, OH 44024
(Defendant-Appellant).
MATT LYNCH, J.
{¶1} On February 10, 2022, appellant, Stacey Kovach, pro se, filed a notice of
appeal. No judgment entry is attached to the notice, but appellant indicates on her notice
that she is appealing a February 1, 2022 entry.
{¶2} On February 1, 2022, a notation was made on the trial court docket
reflecting that appellant was found guilty by a jury on all counts. No sentencing entry was
issued, and a February 8, 2022 docket notation reflects that the sentencing hearing is
scheduled for April 27, 2022.
{¶3} On February 16, 2022, appellee, the state of Ohio, filed a motion to dismiss
the appeal for lack of jurisdiction because the trial court has not issued a final appealable
order which sentences appellant.
{¶4} Appellant filed a response in opposition to the motion on February 28, 2022.
{¶5} R.C. 2505.02 defines the types of orders that constitute a final appealable
order:
{¶6} “(1) An order that affects a substantial right in an action that in effect
determines the action and prevents a judgment;
{¶7} “(2) An order that affects a substantial right made in a special proceeding or
upon a summary application in an action after judgment;
{¶8} “(3) An order that vacates or sets aside a judgment or grants a new trial;
{¶9} “(4) An order that grants or denies a provisional remedy and to which both
of the following apply:
{¶10} “(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.
{¶11} “(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.
{¶12} “(5) An order that determines that an action may or may not be maintained
as a class action; * * *.”
{¶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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{¶14} Further, 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); 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.
{¶15} In the present case, there has been no disposition of the underlying cause
i.e., appellant has not been sentenced in her criminal case. This appeal is premature,
and appellant has a remedy to appeal when the case is concluded by the trial court.
{¶16} Accordingly, appellee’s motion to dismiss is granted, and the appeal is
dismissed for lack of a final appealable order.
THOMAS R. WRIGHT, P.J.,
JOHN J. EKLUND, J.,
concur.
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Case No. 2022-G-0003