State v. Riebe

Summary

The Ohio Eleventh District Court of Appeals sua sponte dismissed the State’s appeal from judgments involving misdemeanor OVI convictions and intervention in lieu of conviction. The court held that the State was required to obtain leave to appeal under Ohio Revised Code section 2945.67 and Appellate Rule 5(C), and that its failure to do so deprived the court of jurisdiction.

Holdings

1. Neither the judgment sentencing Riebe on the misdemeanor OVI charges nor the judgment granting intervention in lieu of conviction qualified as an order appealable by the State as a matter of right. Both fell within the category of 'any other decision' for which leave to appeal is required.
2. Because the State did not request leave to appeal under App.R. 5(C), the court lacked jurisdiction over the appeal and dismissed it sua sponte.

Questions Presented

1. Whether the State could appeal the trial court's April 14, 2023 judgments as a matter of right under R.C. 2945.67.
2. Whether the State's failure to request leave to appeal under App.R. 5(C) deprived the appellate court of jurisdiction.

Disposition

dismissed