State v. Wiley

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[Cite as State v. Wiley, 2007-Ohio-5608.] THE COURT OF APPEALS ELEVENTH APPELLATE DISTRICT PORTAGE COUNTY, OHIO STATE OF OHIO, : Plaintiff-Appellee, : -vs- : MEMORANDUM OPINION CURTIS D. WILEY, Defendant-Appellant. CASE NO. 2007-P-0069 : : Criminal Appeal from the Court of Common Pleas, Case No. 1998 CR 00221. Judgment: Appeal dismissed. Victor V. Vigluicci, Portage County Prosecutor, 466 South Chestnut Street, Ravenna, OH 44266 (For Plaintiff-Appellee). Curtis D. Wiley, pro se, PID: 219-787, K33-2A, St. Clair Correctional Facility, 1000 St. Clair Road, Springville, AL 35146-5582 (Defendant-Appellant). TIMOTHY P. CANNON, J., {¶1} On August 3, 2007, appellant, Curtis D. Wiley, pro se, filed a notice of appeal from a June 22, 2007 judgment of the Portage County Court of Common Pleas denying his motion for judicial release. Appellant s notice of appeal was due to be filed by Monday, July 23, 2007, which was not a holiday or a weekend. Thus, his appeal was untimely filed. {¶2} More importantly, in addition to being untimely, the June 22, 2007 judgment is not a final appealable order. The Supreme Court of Ohio has held that the denial of a motion for judicial release is not a final appealable order. State v. Coffman, 91 Ohio St. 3d 125, 2001-Ohio-296. Therefore, in the instant matter, since appellant s appeal involves the denial of a motion for judicial release, there is no final appealable order. {¶3} Based upon the foregoing analysis, this appeal is hereby sua sponte dismissed for lack of jurisdiction. {¶4} Appeal dismissed. CYNTHIA WESTCOTT RICE, P.J., DIANE V. GRENDELL, J., concur. 2

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