State v. Gholston, Unpublished Decision (7-19-2002)
State v. Gholston, Unpublished Decision (7-19-2002)
Opinion of the Court
On October 15, 2001, Gholston, acting pro se, filed a postconviction petition captioned "Defendant's Motion to Vacate or Set Aside Sentence." On November 30, 2001, the trial court denied the postconviction petition without a hearing. The trial court's entry stated in its entirety, "This matter came upon Defendant's Motion to Vacate or Set Aside Sentence and the Court, being fully advised in the premises, overrules the Motion." Gholston now appeals, raising two assignments of error. Because the entry from which Gholston appeals is not a final appealable order, we must dismiss his appeal.
R.C.
In this case, the trial court did not make any findings of fact and conclusions of law when it denied Gholston's petition for postconviction relief. Under the supreme court's analysis in Ferrell, the trial court's entry does not constitute a final appealable order.2 Consequently, we must dismiss Gholston's appeal.
Appeal dismissed.
Hildebrandt, P.J., Sundermann and Winkler, JJ.
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