State v. Masko

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[Cite as State v. Masko, 2004-Ohio-5297.] THE COURT OF APPEALS ELEVENTH APPELLATE DISTRICT TRUMBULL COUNTY, OHIO STATE OF OHIO, Plaintiff-Appellee, : MEMORANDUM OPINION : CASE NO. 2004-T-0070 - vs - : EDWARD H. MASKO, Defendant-Appellant. : : 9/30/04 Criminal appeal from the Court of Common Pleas, Case No. 00 CR 077. Judgment: Appeal dismissed. Dennis Watkins, Trumbull County Prosecutor, Administration Building, Fourth Floor, 160 High Street, N.W., Warren, OH 44481-1092 (For Plaintiff-Appellee). Donald R. Ford, Jr., 8501 East Market Street, Suite B, P.O. Box 8806, Warren, OH 44484 (For Defendant-Appellant). WILLIAM M. O NEILL, J. {¶1} On June 18, 2004, appellant, Edward H. Masko, filed a notice of appeal from a May 20, 2004 judgment of the Trumbull County Court of Common Pleas. In that judgment, the trial court dismissed appellant s motion for judicial release as being premature. {¶2} It is well-established that the denial of a motion for judicial release is not a final appealable order. State v. Singh (2001), 146 Ohio App.3d 38; State v. Lawson, 10th Dist. No. 02AP-148, 2002-Ohio-3329; State v. Greene, 2nd Dist. No. 02-CA-17, 2002-Ohio-2595. {¶3} Accordingly, this appeal is hereby dismissed, sua sponte, due to lack of a final appealable order. {¶4} Appeal dismissed. JUDITH A. CHRISTLEY, J., CYNTHIA WESTCOTT RICE, J., concur. 2

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