State v. Nixon

[Cite as State v. Nixon, 2021-Ohio-3081.] IN THE COURT OF APPEALS OF OHIO ELEVENTH APPELLATE DISTRICT PORTAGE COUNTY STATE OF OHIO, CASE NO. 2021-P-0077 Plaintiff-Appellee, Criminal Appeal from the -v- Court of Common Pleas DAVID A. NIXON, Trial Court No. 2021 CR 00626 Defendant-Appellant. MEMORANDUM OPINION Decided: September 7, 2021 Judgment: Appeal dismissed Victor V. Vigluicci, Portage County Prosecutor, 241 South Chestnut Street, Ravenna, OH 44266 (For Plaintiff-Appellee). David A. Nixon, pro se, Portage County Jail, 8240 Infirmary Road, Ravenna, OH 44266 (Defendant-Appellant). THOMAS R. WRIGHT, J. {¶1} On July 23, 2021, appellant, David A. Nixon, pro se, filed a notice of appeal from the trial court’s July 12, 2021 judgment entry which orders: “[appellant’s] bond is set at $100,000 cash or surety and shall have a Temporary Protection Order.” {¶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} 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.” Furthermore, “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. 2 Case No. 2021-P-0077 {¶11} In the present case, there has been no disposition of the underlying cause i.e., appellant has not been convicted. {¶12} Accordingly, the appeal is dismissed for lack of a final appealable order. MARY JANE TRAPP, P.J., MATT LYNCH, J., concur. 3 Case No. 2021-P-0077