State v. Hogya

[Cite as State v. Hogya, 2022-Ohio-3117.]
IN THE COURT OF APPEALS OF OHIO
ELEVENTH APPELLATE DISTRICT
LAKE COUNTY
STATE OF OHIO, CASE NO. 2022-L-072
Plaintiff-Appellee,
Criminal Appeal from the
- vs - Court of Common Pleas
HOPE C. HOGYA,
Trial Court No. 2022 CR 000566
Defendant-Appellant.
MEMORANDUM
OPINION
Decided: September 6, 2022
Judgment: Appeal dismissed
Charles E. Coulson, Lake County Prosecutor, Lake County Administration Building, 105
Main Street, P.O. Box 490, Painesville, OH 44077 (For Plaintiff-Appellee).
Hope C. Hogya, #517804, Lake County Adult Detention Facility, 104 East Erie Street,
Painesville, OH 44077 (Defendant-Appellant).
CYNTHIA WESTCOTT RICE, J.
{¶1} On August 5, 2022, appellant, Hope C. Hogya, pro se, filed a notice of
appeal. Appellant attached to her notice: 1) an August 2, 2022 entry denying her motion
for an independent evaluation; 2) an August 2, 2022 entry holding in abeyance her motion
to quash the indictment until appellant is deemed competent; and 3) an August 2, 2022
entry holding in abeyance her motion to dismiss the indictment until appellant is deemed
competent.
{¶1} Appellant was indicted on July 22, 2022 of two counts of violating a
protection order. The trial court stated in two of the three appealed entries that the matter
was referred to the Court Psychologist of the Lake County Adult Probation Department
for appellant’s competency evaluation on July 28, 2022, which was ordered to be
completed within thirty (30) days of the entry.
{¶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} * * *.”
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Case No. 2022-L-072
{¶11} 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.”
{¶12} 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).
{¶13} The appealed judgment entries do not conform to any of the criteria in R.C.
2505.02 for being a final appealable order, nor has appellant been convicted or sentenced
in this matter. Further, to qualify as a provisional remedy, the court’s order would have
to prevent appellant from having a meaningful or effective remedy following sentencing.
In this case, appellant can challenge the trial court’s August 2, 2022 entries at the
conclusion of the criminal case on appeal from her conviction and sentence.
{¶14} Appeal dismissed.
THOMAS R. WRIGHT, P.J.,
MARY JANE TRAPP, J.,
concur.
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Case No. 2022-L-072