Appeal dismissed for lack of a "final appealable order"

July 30, 2010
By Robert Alan Brenner on July 30, 2010 9:17 PM |

A defendant attempted to appeal his conviction and sentence pro se. But the Fourth District Court of Appeals for Scioto County dismissed the appeal because the trial court's sentencing entry stated only that the defendant "has been convicted of trafficking in drugs and tampering with evidence." The sentencing entry did not set forth the guilty plea, jury verdict, or finding of the court - whichever the defendant's conviction was based on as required by R.C. 2505.02. The Court of Appeals noted that the defendant could file a motion in the trial court asking for a revised sentencing entry. Once he gets a final appealable order from the trial court, the Court of Appeals could have jurisdiction to address his appeal. Read the decision here.