State v. Brown

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[Cite as State v. Brown, 2004-Ohio-1433.] THE COURT OF APPEALS ELEVENTH APPELLATE DISTRICT TRUMBULL COUNTY, OHIO STATE OF OHIO, Plaintiff-Appellee, : MEMORANDUM OPINION : CASE NO. 2004-T-0001 - vs - : TIMOTHY AARRON BROWN, Defendant-Appellant. : : Criminal appeal from the Court of Common Pleas, Case No. 99 CR 0575. Judgment: Appeal Dismissed. Dennis Watkins, Trumbull County Prosecutor, Administration Building, Fourth Floor, 160 High Street, N.W., Warren, OH, 44481 (For Plaintiff-Appellee). Jeffrey V. Goodman, 252 Seneca Avenue, N.E., Warren, OH, 44481 (For DefendantAppellant). JUDITH A. CHRISTLEY, J. {¶1} On January 2, 2004, appellant, Timothy Aarron Brown, filed a motion for leave to file a delayed appeal pursuant to App.R. 5(A). The appealed judgment is a November 10, 2003 decision of the Trumbull County Court of Common Pleas denying Appellant s motion for judicial release. {¶2} On January 5, 2004, appellee, State of Ohio, filed a motion to dismiss the appeal for lack of a final appealable order. {¶3} In State v. Coffman, 91 Ohio St. 3d 125, the Supreme Court of Ohio expressly held that a trial court s denial of shock probation is never a final appealable order. Id. at 126. Every appellate court in Ohio that has addressed this issue after Coffman has held that that the same logic is applicable to a denial of a motion for judicial release since it mirrors shock probation. State v. Ingram, 10th Dist. No. 03AP-149, 2003Ohio-5380; State v. Greene, 2nd Dist. No. 02-CA-17, 2002-Ohio-2595; State v. Galbreath (June 11, 2001), 12th Dist. No. CA2000-10-078, 2001 WL 649815. Since there is no right to judicial release, the denial of a motion for judicial release cannot affect a substantial right as that term is defined in R.C. 2505.02 (A)(1). {¶4} Based upon the foregoing analysis, appellee s motion to dismiss this appeal is hereby granted. Appellant s motion for leave to file a delayed appeal is overruled. {¶5} The appeal is dismissed. Appeal dismissed. WILLIAM M. O NEILL and DIANE V. GRENDELL, JJ., concur. 2

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