Maple Hts. v. Pinkney

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[Cite as Maple Hts. v. Pinkney, 2003-Ohio-3941.] COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA No. 81514 CITY OF MAPLE HEIGHTS, Plaintiff-Appellee vs. TREVIS PINKNEY, Defendant-Appellant : : JOURNAL ENTRY : AND : OPINION : : DATE OF ANNOUNCEMENT OF DECISION JULY 24, 2003 : : CHARACTER OF PROCEEDING : Criminal appeal from Garfield Heights Municipal Court Case No. CRB 0200053 JUDGMENT : DISMISSED DATE OF JOURNALIZATION : APPEARANCES: For Plaintiff-Appellee: MICHAEL G. CIARAVINO Maple Heights Prosecutor 5005 Rockside Road Crown Centre - Suite 600 Independence, Ohio 44131-2155 2 For Defendant-Appellant: PAUL MANCINO, JR. 75 Public Square - Suite 1016 Cleveland, Ohio 44113-2098 ANNE L. KILBANE, J.: {¶1} Sua sponte, this case is dismissed for lack of a final appealable order. The record contains signed verdict forms showing that guilty verdicts were returned on two charges, and a commitment order directed to the Cuyahoga County Jail. However, the record does not contain a judgment entry of conviction and sentence in compliance with Crim.R. 32(C). Therefore, no final order exists pursuant to R.C. 2505.02. {¶2} If the parties obtain a final order, the appellant may move for reinstatement of this appeal within 30 days of this entry. Appeal dismissed. It is ordered that the parties bear their own costs herein taxed. It is ordered that a special mandate issue out of this court directing the Garfield Heights Municipal Court 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. KENNETH A. ROCCO, A.J., DIANE KARPINSKI, J., And Concur 3 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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