State v. Anderson
Annotate this Case
Download PDF
[Cite as State v. Anderson, 2000-Ohio-2700.] IN THE COURT OF APPEALS OF LUCAS COUNTY State of Ohio Court of Appeals No. L-00-1194 Appellant Trial Court No. CR00-1556 v. Anthony Anderson DECISION AND JUDGMENT ENTRY Appellee Decided: November 30, 2000 * * * * * Julia R. Bates, prosecuting attorney, and Eric Baum, for appellant. * * * * * SHERCK, J. {¶1} This is a discretionary appeal from a judgment the Lucas County Court of Common Pleas, for which leave was granted pursuant to R.C. 2945.67(A). the trial court's Appellee, the state of Ohio, wished to appeal finding of not guilty regarding a firearm specification. {¶2} R.C. 2945.67(A) provides that the state may appeal as a matter of right: a motion to dismiss all or any part of an indictment, complaint, or information, a motion to suppress evidence, a motion for the return of seized property, or a motion granting postconviction relief. All other appeals are by leave at the discretion of the court of appeals except, of course, that the state may not appeal a final verdict. State v. Matthews (1998), 81 Ohio St.3d 375, 377-378. {¶3} In this case, we determined that the underlying "not guilty" verdict was final and, thus, not appealable and not subject to being reversed. Nevertheless, we initially granted leave to appeal issues involving the firearm specification. Upon further examination of the record, we now conclude that such a decision would be purely advisory and an improper exercise of judicial authority. See In re Collier (1993), 85 Ohio App.3d 232; State v. Varner (1991), 81 Ohio App.3d 85, 86. Consequently, we conclude that this appeal was improvidently granted. See State v. Conti (1989), 57 Ohio App.3d 36; State v. Mills (Apr. 25, 1991), Cuyahoga App. No. 60385, unreported; State v. Damico (May 23, 1990), Hamilton App. No. C-880730, unreported. {¶4} Accordingly, this appeal is dismissed. Court costs of this appeal are assessed to appellant. APPEAL DISMISSED. James R. Sherck, J. ____________________________ JUDGE Richard W. Knepper, P.J. ____________________________ George M. Glasser, J. JUDGE CONCUR. ____________________________ JUDGE Judge George M. Glasser, retired, sitting by assignment of the 2. Chief Justice of the Supreme Court of Ohio. 3.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
