DocketNumber: Case No. 00CA2697.
Judges: PER CURIAM.
Filed Date: 5/19/2000
Status: Non-Precedential
Modified Date: 4/17/2021
The record reveals that appellant was charged with one count of Aggravated Burglary, two counts of Breaking and Entering, and one count of Vandalism. The matter was scheduled to be tried to a jury on August 2, 1994; however, appellant failed to appear and a bench warrant was issued. On April 8, 1997, appellant's court appointed counsel, Aaron R. Triplett, withdrew as appellant's attorney, appellant apparently having retained Attorney Douglas W. Shaw. On April 18, 1997, appellant, represented by his new attorney, entered guilty pleas to the 1994 charges and was sentenced to an aggregate term of seven to twenty-five years imprisonment. The next action taken on appellant's behalf was a "Motion for Shock Probation Pursuant to O.R.C.
On December 22, 1999, Attorney Robert W. Suhr filed a "Motion to Strike Pleading from Files" in the trial court, seeking to strike the motion for shock probation and asking for a hearing on the matter to establish that, although Attorney Sabol was retained by appellant's mother for the purpose of looking into whether appellant could obtain any type of early release, Attorney Sabol did not represent appellant and that he filed the motion for shock probation without authorization.
On January 26, 2000, the trial court filed its "Order" overruling the motion to strike the motion for shock probation. Also filed on January 26th was Attorney Suhr's "Supplemental to Defendant's Motion to Strike Pleading from Files," to which is attached an affidavit from appellant's mother. On February 11, 2000, Attorney Suhr filed a "Proffer of Evidence" in the trial court which reiterates the allegations contained in the December 22, 1999 motion and the January 26, 2000 supplement to that motion. That same day, Attorney Suhr filed a notice of appeal from the January 26, 2000 "Order." Because the January 26, 2000 "Order" that forms the basis of this appeal may not constitute a final appealable order pursuant to R.C.
Initially, we must consider whether the January 26, 2000 "Order" is final and appealable pursuant to R.C.
Pursuant to R.C.
However, the appeal sub judice involves only the January 26, 2000 "Order" overruling the denial of Attorney Suhr's motion to strike Attorney Sabol's motion to grant appellant shock probation. We note that R.C.
In the instant case, the record contains nothing to support Attorney Suhr's claim that Attorney Sabol did not represent appellant at the time he filed the motion for shock probation. The record reflects that prior to appellant's 1997 conviction he was represented first, by court appointed counsel Triplett, and second, by Attorney Shaw, who apparently was retained. Next, Attorney Sabol was retained by appellant's mother in 1998 to pursue some sort of early release. (Affidavit of Shirley Frazier, attached to the January 26, 2000 "Supplemental to Defendant's Motion to Strike Pleading From Files.") Lastly, Attorney Suhr, in his December 22, 1999 "Motion to Strike Pleading from Files," claims that he represents appellant and that Attorney Sabol did not represent appellant in 1998.
R.C.
In view of the foregoing, we find no substantial right is affected by the trial court's denial of a motion which is not authorized by R.C.
APPEAL DISMISSED.
The Court finds there were reasonable grounds for this appeal.
It is ordered that a special mandate issue out of this Court directing the Scioto County Court of Common Pleas to carry this judgment into execution.
A certified copy of this entry shall constitute that mandate pursuant to Rule 27 of the Rules of Appellate Procedure. Exceptions.
Kline, P.J., Abele, J. Evans, J.: Concur.
For the Court
BY: _____________________ Peter B. Abele, Judge