Tuesday, October 9, 2012

Appeal dismissed for lack of a final appealable order (10 9 12)

To constitute a final appealable order, an entry must include (1) the fact of conviction, (2) the sentence, (3) the judge’s signature, and (4) the time stamp indicating the entry upon the journal by the clerk. The Fourth District Court of Appeals for Hocking County dismissed an appeal since the entry appealed from did not state the fact of conviction. The fact of conviction was stated in another entry, but the court of appeals could not combine two documents to make a final appealable order. The Court of Appeals cited State v. Lester, 130 Ohio St.3d 303, 2011-Ohio-5204, 958 N.E.2d 142, and State v. Baker, 119 Ohio St.3d 197, 2008-Ohio-3330, 893 N.E.2d 163. City of Logan v. Conkey, 2012-Ohio-4687.

Contact me if you need a Dayton Criminal Defense Lawyer for your appeal or other post-conviction matter by going to my Web site www.robertalanbrenner.com and filling in the "contact me" form.

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