State v. Murphy
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[Cite as State v. Murphy, 2003-Ohio-2306.] COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA No. 81696 STATE OF OHIO. Plaintiff-Appellee vs. JIMMIE MURPHY, Defendant-Appellant : : JOURNAL ENTRY : AND : OPINION : : DATE OF ANNOUNCEMENT OF DECISION MAY 8, 2003 : : CHARACTER OF PROCEEDING : Criminal appeal from Common Pleas Court Case No. CR-420948 JUDGMENT : DISMISSED DATE OF JOURNALIZATION : APPEARANCES: For Plaintiff-Appellee: WILLIAM D. MASON Cuyahoga County Prosecutor DREW SMITH Assistant County Prosecutor Justice Center - 9th Floor 1200 Ontario Street Cleveland, Ohio 44113 For Defendant-Appellant: ROBERT L. TOBIK Chief Public Defender ROBERT M. INGERSOLL Assistant Public Defender 100 Lakeside Place 1200 West Third Street Cleveland, Ohio 44113-1513 ANNE L. KILBANE, J.: {¶1} Sua sponte, this case is dismissed for lack of a final appealable order. At the sentencing hearing and in the judgment entry the judge purported to impose a single sentence for the two offenses for which the defendant was convicted. Pursuant to Crim.R. 32(C), this is not a final order because the judge is required to render a judgment upon each offense.1 A judgment that does not allow a reviewing court to determine the particular sentence for each offense does not satisfy this requirement.2 {¶2} We also note that the indictment in this case appears to charge two fourth degree felonies and the judge s verdict appears to find the defendant guilty of the offenses as charged, but in sentencing she stated that he was guilty of one fourth degree felony and one fifth degree felony, although she did not specify which was which. The judgment entry states that both offenses are fifth degree felonies, yet states that the defendant will be subject to up to thirty months imprisonment if he violates the conditions of community control. This confusion also should be addressed. 1 2 State v. Brown (1989), 59 Ohio App.3d 1, 569 N.E.2d 1068. Id.; State v. Collins (Oct. 18, 2001), Cuyahoga App. No. 79064; State v. Connor (Oct. 31, 1996), Cuyahoga App. No. 70057. Appeal dismissed. It is ordered that the appellant recover from appellee costs herein taxed. It is ordered that a special mandate issue out of this court directing the Cuyahoga County Court of Common Pleas to carry this judgment into execution. A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure. MICHAEL J. CORRIGAN, P. J., SEAN C. GALLAGHER, J., And Concur ANNE L. KILBANE JUDGE N.B. This entry is an announcement of the court s decision. See App.R. 22(B), 22(D) and 26(A); Loc. App.R. 22. This decision will be journalized and will become the judgment and order of the court pursuant to App.R. 22(E), unless a motion for reconsideration with supporting brief, per App.R. 26(A) is filed within ten (10) days of the announcement of the court s decision. The time period for review by the Supreme Court of Ohio shall begin to run upon the journalization of this court s announcement of decision by the clerk per App.R. 22(E). See, also, S.Ct.Prac.R. II, Section 2(A)(1).
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