State v. Headley

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[Cite as State v. Headley, 2009-Ohio-402.] COURT OF APPEALS ELEVENTH APPELLATE DISTRICT TRUMBULL COUNTY, OHIO STATE OF OHIO, Plaintiff-Appellee, : MEMORANDUM OPINION : CASE NO. 2008-T-0126 - vs - : JOSEPH HEADLEY, Defendant-Appellant. : : Criminal Appeal from the Court of Common Pleas, Case No. 2005 CR 00393. Judgment: Appeal dismissed. Dennis Watkins, Trumbull County Prosecutor, LuWayne Annos, Assistant Prosecutor, Administration Building, Fourth Floor, 160 High Street, N.W., Warren, OH 44481-1092 (For Plaintiff-Appellee). Joseph Headley, pro se, PID: 502-536, Lake Erie Correctional Institution, P.O. Box 8000, Conneaut, OH 44030 (Defendant-Appellant). MARY JANE TRAPP, P.J. {¶1} This matter is before this court on appeal, filed November 26, 2008, from a judgment issued by the trial court on October 20, 2008. That judgment denied the motion for judicial release of appellant, Joseph Headley, without a hearing. {¶2} On December 2, 2008, appellee, state of Ohio, filed a motion to dismiss the appeal. In the motion, appellee indicates that the appealed judgment is not a final appealable order and should be dismissed on that basis. {¶3} No brief or memorandum in opposition to the motion to dismiss has been {¶4} It is well-settled that the denial of a motion for judicial release is not a final filed. appealable order. See State v. Coffman, 91 Ohio St.3d 125, 2001-Ohio-273; State v. Balch, 11th Dist. No. 2008-P-0050, 2008-Ohio-4416; State v. Hedgecoth, 1st Dist. No. C-060190, 2007-Ohio-4462; State v. Ingram, 10th Dist. No. 03AP-149, 2003-Ohio-5380. {¶5} Furthermore, pursuant to App.R. 4(A): {¶6} A party shall file the notice of appeal required by App.R. 3 within thirty days of the later of entry of the judgment or order appealed ***. {¶7} In addition to the fact that the appealed judgment denying the motion for judicial release is not a final appealable order, appellant s notice of appeal of the judgment was filed seven days beyond the thirty-day requirement in App.R. 4(A). So even if there were a final order in the present case, the appeal is untimely and would be dismissed on those grounds. {¶8} Accordingly, appellee s motion to dismiss is granted, and the appeal is hereby dismissed for lack of a final appealable order. DIANE V. GRENDELL, J., TIMOTHY P. CANNON, J., concur. 2

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