[Cite as State v. Kelly, 2021-Ohio-474.]
IN THE COURT OF APPEALS
ELEVENTH APPELLATE DISTRICT
PORTAGE COUNTY, OHIO
STATE OF OHIO, : MEMORANDUM OPINION
Plaintiff-Appellee, :
CASE NO. 2020-P-0077
- vs - :
BRYAN P. KELLY, :
Defendant-Appellant. :
Criminal Appeal from the Portage County Municipal Court, Ravenna Division, Case No.
2019 CRB 02670 R.
Judgment: Appeal dismissed.
Victor V. Vigluicci, Portage County Prosecutor, and Theresa M. Scahill, Assistant
Prosecutor, 241 South Chestnut Street, Ravenna, OH 44266 (For Plaintiff-Appellee).
Olivia A. Myers, O. Myers Law LLC, 333 South Main Street, Suite 401, Akron, OH
44313 (For Defendant-Appellant).
MATT LYNCH, J.
{¶1} Appellant, Bryan P. Kelly, appeals from an August 28, 2020 entry of the
Portage County Municipal Court, Ravenna Division. After finding appellant guilty of
assault, a first-degree misdemeanor, and public indecency, a fourth-degree
misdemeanor, the trial court imposed a $200 fine and court costs; 180 days in jail with
179 days suspended; and 12 months of supervised probation.
{¶2} Appellee, the state of Ohio, filed a motion to dismiss the appeal for lack of
jurisdiction indicating that the sentencing entry is not a final appealable order.
Specifically, appellee contends that the appeal should be dismissed because the entry
does not contain a separate sentence for each offense; rather, it just contains a “blanket
sentence” for both convictions. State v. Clay, 11th Dist. Trumbull No. 2009-T-0126,
2010-Ohio-4558, ¶ 11; and State v. Garner, 11th Dist. Trumbull No. 2002-T-0025, 2003-
Ohio-5222, ¶ 7.
{¶3} Appellant filed a memorandum in opposition to the motion to dismiss
indicating that the entry “may have textual irregularities” but that this court is not
divested of jurisdiction and can decide on the merits to remand for the trial court to
resentence appellant.
{¶4} In reviewing Clay and Garner, supra, the law is clear that when only a
single sentence is imposed after finding an appellant guilty of two different crimes, one
of the offenses is left without a sentence, and this court is unable to determine to which
offense the sentence applies. Thus, there is no final appealable order. Garner at ¶ 10.
{¶5} It is hereby ordered that appellee’s motion to dismiss is granted.
{¶6} Appeal dismissed.
MARY JANE TRAPP, P.J.,
CYNTHIA WESTCOTT RICE, J.,
concur.
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