State v. Fisher

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[Cite as State v. Fisher, 2009-Ohio-2620.] THE COURT OF APPEALS ELEVENTH APPELLATE DISTRICT LAKE COUNTY, OHIO STATE OF OHIO, Plaintiff-Appellee, : MEMORANDUM OPINION : CASE NO. 2009-L-036 - vs - : ROBERT J. FISHER, : Defendant-Appellant. : Criminal Appeal from the Court of Common Pleas, Case No. 07 CR 000375. Judgment: Appeal dismissed. Charles E. Coulson, Lake County Prosecutor, 105 Main Street, P.O. Box 490, Painesville, OH 44077 (For Plaintiff-Appellee). Robert J. Fisher, Jr., pro se, PID: 541-272, Lake Erie Correctional Institution, P.O. Box 8000, Conneaut, OH 44030-8000 (Defendant-Appellant). COLLEEN MARY O TOOLE, J. {¶1} On March 10, 2009, appellant, Robert J. Fisher, pro se, filed his notice of appeal from a February 9, 2009 judgment of the Lake County Court of Common Pleas denying his motion for judicial release. {¶2} Pursuant to Article IV, Section 3(B)(2), of the Ohio Constitution, appellate courts have jurisdiction to review, affirm, modify, or reverse judgments or final orders from courts of record inferior to the court of appeals and from final orders or actions of administrative officers or agencies. {¶3} In State v. Coffman, 91 Ohio St.3d 125, 126, 2001-Ohio-273, the Supreme Court of Ohio expressly held that a trial court s denial of a motion for shock probation is never a final appealable order. In addition, appellate courts in Ohio that have addressed this issue after Coffman have held that the same logic is applicable to a denial of a motion for judicial release since it mirrors shock probation. State v. Woods (2001), 141 Ohio App.3d 549, 550; State v. Williams, 10th Dist. No. 07AP-1035, 2008-Ohio-1906, at ¶9; State v. Mayle, 5th Dist. Nos. 07-CA-0006 and 07-CA-0007, 2008-Ohio-3761, at ¶13; State v. Greene, 2d Dist. No. 02-CA-17, 2002-Ohio-2595, at ¶6. 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} Therefore, this appeal is hereby dismissed for lack of a final appealable {¶5} Appeal dismissed. order. MARY JANE TRAPP, P.J., DIANE V. GRENDELL, J., concur. 2

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