Summary
The Ohio Eleventh District Court of Appeals dismissed Deanne N. Hartman's criminal appeal for lack of a final appealable order. The trial court's sentencing entry imposed a single sentence for multiple offenses without specifying a separate sentence for each offense, and the appellate court held that it lacked jurisdiction to remand the matter.
Holdings
- When a defendant is convicted of multiple offenses and the sentencing entry imposes only a single sentence without identifying the sentence applicable to each offense, the remaining offenses are left unsentenced and the entry is not a final appealable order.
- When the lower court's judgment is not final, the appellate court lacks jurisdiction to remand the case and must dismiss the appeal.
Questions Presented
- Whether the trial court's sentencing entry was a final appealable order when it imposed a single sentence for multiple offenses without specifying a separate sentence for each offense.
- Whether the appellate court had jurisdiction to remand the case to the trial court to correct the nonfinal sentencing entry.
Disposition
dismissed
Cases Cited (3)
- State v. Garner, 2003-Ohio-5222 (11th Dist.)(followed)
- State v. Garver, 2024-Ohio-6111 (11th Dist.)(followed)
- State v. Sexton, 2024-Ohio-5652 (11th Dist.)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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