State v. Johnson

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[Cite as State v. Johnson, 2014-Ohio-1875.] IN THE COURT OF APPEALS ELEVENTH APPELLATE DISTRICT GEAUGA COUNTY, OHIO STATE OF OHIO, Plaintiff-Appellee, : MEMORANDUM OPINION : CASE NO. 2014-G-3200 - vs - : CINSEREE JOHNSON, Defendant-Appellant. : : Criminal Appeal from the Geauga County Court of Common Pleas, Case No. 12 C 000142. Judgment: Appeal dismissed. James R. Flaiz, Geauga County Prosecutor, and Nicholas A. Burling, Assistant Prosecuting Attorney, Courthouse Annex, 231 Main Street, Suite 3A, Chardon, OH 44024 (For Plaintiff-Appellee). Cinseree Johnson, pro se, 12450 Merritt Road, Chardon, OH Appellant). 44024 (Defendant- THOMAS R. WRIGHT, J. {¶1} A jury found appellant guilty of theft in violation of R.C. 2913.02(A)(1), a fifth degree felony. The trial court accepted the jury verdict and referred the matter for a presentence investigation. Appellant has not yet been sentenced. {¶2} It is well established that a judgment of conviction is not a final appealable order until a sentence is rendered. State v. Donkers, 11th Dist. Portage Nos. 2003-P- 0101, 2003-P-0102, 2003-Ohio-549 at ¶4, citing State v. Chamberlain, 177 Ohio St. 104, 202 N.E.2d 695 (1964). Because the judgment entry appealed is not a final appealable order, this court currently lacks jurisdiction to grant relief. Therefore, the appeal is hereby dismissed. Appellant may appeal to this court once a sentence is imposed. TIMOTHY P. CANNON, P.J., COLLEEN MARY O TOOLE, J., concur. 2

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