State v. Rivkind

[Cite as State v. Rivkind, 2023-Ohio-514.]
IN THE COURT OF APPEALS OF OHIO
ELEVENTH APPELLATE DISTRICT
PORTAGE COUNTY
STATE OF OHIO, CASE NO. 2023-P-0004
CITY OF KENT,
Plaintiff-Appellee, Criminal Appeal from the
Municipal Court, Kent Division
- vs -
DANA BETH RIVKIND, Trial Court No. 2018 CRB 00215 K
Defendant-Appellant.
MEMORANDUM
OPINION
Decided: February 21, 2023
Judgment: Appeal dismissed
Hope L. Jones, The City of Kent, Ohio Law Director, 320 South Depeyster Street, Kent,
OH 44240 (For Plaintiff-Appellee).
Michael H. Shaut, Shaut Law, 20600 Chagrin Boulevard, Suite 470, Shaker Heights, OH
44122 (For Defendant-Appellant).
EUGENE A. LUCCI, J.
{¶1} On January 24, 2023, appellant, Dana Beth Rivkind, through counsel, filed
a notice of appeal from the following Portage County Municipal Court, Kent Division,
entries: 1) a September 25, 2018 sentencing entry; 2) an April 26, 2022 entry denying
appellant’s motion to vacate; 3) an October 13, 2022 entry denying appellant’s motions
to withdraw her guilty plea, petition for post-conviction relief, and motion for
reconsideration; and 4) a December 29, 2022 entry denying appellant’s motion for
reconsideration.
{¶2} As to the December 29, 2022 entry, a trial court cannot reconsider a valid
final appealable order in a criminal case. State v. Cozzone, 11th Dist. Geauga No. 2017-
G-0141, 2018-Ohio-2249, ¶34. See also State v. Clark, 3d Dist. Logan No. 8-18-10,
2018-Ohio-4168, ¶12. A motion for reconsideration of a trial court’s final judgment is a
nullity. Pitts v. Ohio Dept. of Transp., 67 Ohio St.2d, 378, 379 (1981).
{¶3} The trial court’s September 25, 2018, April 26, 2022, and October 13, 2022
entries were all final orders which were not timely appealed. Thus, the appeal time in
App.R. 4(A) has run to appeal those entries.
{¶4} Further, because motions for reconsideration are a nullity, the December
29, 2022 entry denying appellant’s motion is not subject to appeal.
{¶5} Appeal dismissed.
JOHN J. EKLUND, P.J.,
MARY JANE TRAPP, J.,
concur.
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Case No. 2023-P-0004