State v. Campbell
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[Cite as State v. Campbell, 2003-Ohio-3236.] IN THE COURT OF APPEALS FOR CHAMPAIGN COUNTY, OHIO STATE OF OHIO : Plaintiff-Appellee vs. : : C.A. CASE NO. 02CA34 T.C. CASE NO. 98CR169 99CR127 EARL D. CAMPBELL : Defendant-Appellant : . . . . . . . . . O P I N I O N Rendered on the 20th day of June, 2003. . . . . . . . . . Nick A. Selvaggio, Pros. Attorney; Jack W. Whitesell, Jr., Asst. Pros. Attorney, 200 North Main Street, Urbana, Ohio 43078, Atty. Reg. No. 0041944 Attorney for Plaintiff-Appellee Earl D. Campbell, #A419-874, Madison Corr. Inst, P.O. Box 740, London, OH 43140-0740 Defendant-Appellant, pro se . . . . . . . . . GRADY, J. {¶1} On February 8, 2002, the court of common pleas terminated the community control sanctions the court previously had imposed on Defendant-Appellant, ordered a term of incarceration. Earl D. Campbell, and Consistent with a prior order of January 31, 2001, in which the court had established those community control sanctions, the court s February 8, 2002 order denied Campbell the prison term reduction benefits of R.C. 2967.191 with respect to the term of incarceration that order 2 imposed. {¶2} order. Campbell took no appeal from the February 8, 2002 On October 1, 2002, Campbell filed a motion asking the court to correct its February 8, 2002 order, nunc pro tunc, so as to allow him the benefits of R.C 2967.191 with respect to the term he was serving. October 10, 2002. The court denied Campbell s motion on Campbell filed a timely notice of appeal from that order on October 29, 2002. {¶3} The trial court s order of February 8, 2002 that imposed a prison term and, coupled with the court s prior order of January 2967.191 31, with 2001, respect denied to Campbell that appealable order per R.C. 2505.02. the sentence, benefits was a of final R.C. and Campbell was required to file a notice of appeal from the order of February 8, 2002, within thirty days thereafter, per App.R. 4(A), in order to preserve his right to prosecute any claim of error arising from the February 8, 2002 order. {¶4} attack on Campbell s motion of October 1, 2002, was a collateral a prior final order. The trial court jurisdiction to modify the order after it was entered. had lost Though it purports to attack a clerical error, Campbell s motion of October 1, 2002 presented a merit issue which the trial court could no longer resolve. The motion of October 1, 2002, was akin to a motion for reconsideration filed after a final order journalized. has been An order which then rules on such a motion is a nullity to which no right of appeal attaches. Dep t. of Transportation (1981), 67 Ohio St.2d 78. Pitts v. Ohio {¶5} 3 The trial court s order of October 10, 2002 from which this appeal was taken is a nullity, per Pitts, to which no right of appeal attaches. Therefore, the notice of appeal from that order which Campbell filed on October 29, 2002, was ineffective to confer jurisdiction on this court. must dismiss the appeal. BROGAN, J. and YOUNG, J., concur. Copies mailed to: Jack W. Whitesell, Esq. Earl D. Campbell Hon. Roger B. Wilson Lacking jurisdiction, we
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