State v. Patchin, Unpublished Decision (10-27-2000)
State v. Patchin, Unpublished Decision (10-27-2000)
Opinion of the Court
An appellate court's jurisdiction is limited to reviewing, affirming, modifying or reversing judgments or final orders. Section
"(B) An order is a final order that may be reviewed, affirmed, modified, or reversed, with or without retrial, when it is one of the following:
"(1) An order that affects a substantial right in an action that in effect determines the action and prevents a judgment;
"(2) An order that affects a substantial right made in a special proceeding or upon a summary application in an action after judgment;
"(3) An order that vacates or sets aside a judgment or grants a new trial;
"(4) An order that grants or denies a provisional remedy and to which both of the following apply:
"(a) The order in effect determines the action with respect to the provisional remedy and prevents a judgment in the action in favor of the appealing party with respect to the provisional remedy.
"(b) The appealing party would not be afforded a meaningful or effective remedy by an appeal following final judgment as to all proceedings, issues, claims, and parties in the action.
"(5) An order that determines that an action may or may not be maintained as a class action."
In the present case, appellant originally pled no contest to driving under the influence of alcohol, a first offense within six years and her third overall alcohol-related offense. The trial court found her guilty and sentenced her accordingly. Within minutes, however, the court became aware that appellant's most recent alcohol related offense was actually within six years of the present offense. Appellant then moved to withdraw her guilty plea. The trial court granted that motion, vacated the conviction and sentence, and set the matter for trial. Subsequently, appellant filed a motion to reinstate her original sentence. The trial court denied that motion. That is the order from which appellant filed the present appeal.
Upon review of R.C.
James R. Sherck, J., JUDGE
Mark L. Pietrykowski, J., George M. Glasser, J., JUDGE, CONCUR.
Judge George M. Glasser, retired, sitting by assignment of the Chief Justice of the Supreme Court of Ohio.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.