State v. Reyes

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[Cite as State v. Reyes, 2020-Ohio-4955.] IN THE COURT OF APPEALS ELEVENTH APPELLATE DISTRICT PORTAGE COUNTY, OHIO STATE OF OHIO, Plaintiff-Appellee, : MEMORANDUM OPINION : CASE NO. 2020-P-0048 - vs - : WALTER E. REYES, Defendant-Appellant. : : Criminal Appeal from the Portage County Court of Common Pleas, Case No. 2009 CR 00623. Judgment: Appeal dismissed. Victor V. Vigluicci, Portage County Prosecutor, and Pamela J. Holder, Assistant Prosecutor, 241 South Chestnut Street, Ravenna, Ohio 44266 (For Plaintiff-Appellee). Walter E. Reyes, pro-se, A590-238, Richland Correctional Institution, 1001 Olivesburg Road, P.O. Box 8107, Mansfield, Ohio 44905 (Defendant-Appellant). THOMAS R. WRIGHT, J. {¶1} Appellant, Walter E. Reyes, appeals the trial court’s May 6, 2020 decision overruling a nonexistent motion for judicial release. We dismiss. {¶2} Reyes pleaded guilty to four counts of rape and one count of violating a protective order in June 2010. He was sentenced to an aggregate prison term of 30 years and labeled a Tier III sex offender. State v. Reyes, 11th Dist. Portage No. 2015-P-0009, 2015-Ohio-5344, 55 N.E.3d 485, ¶ 2. {¶3} On April 29, 2020, Reyes moved the trial court to re-enter its original sentencing entry. He did not move for judicial release. Seven days later the trial court issued the appealed judgment which states in its entirety: “The Defendant’s Motion for Judicial Release is denied without a hearing. It is so ordered.” {¶4} The parties urge us to construe the appealed judgment as denying Reyes’ motion to re-enter sentence and conclude that the trial court simply mischaracterized its ruling. While that may be, it is not the only possibility and far from a certainty. Because it is unclear, we decline and construe the judgment consistent with what it purports to adjudicate. {¶5} A judgment denying judicial release is not appealable. R.C. 2502.02(B)(1); State v. Ingram, 10th Dist. Franklin No. 03AP-149, 2003-Ohio-5380, ¶ 6; State v. Greene, 2d Dist. Greene No. 02-CA-17, 2002-Ohio-2595, *1; State v. Headley, 11th Dist. Trumbull No. 2008-T-0126, 2009-Ohio-402, ¶ 4. Moreover, the appealed judgment does not decide the motion to re-enter sentence, which remains pending. {¶6} The appeal is dismissed for lack of a final appealable order. CYNTHIA WESTCOTT RICE, J., MARY JANE TRAPP, J., concur. 2

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