State v. Ingram, Unpublished Decision (11-8-2002)
State v. Ingram, Unpublished Decision (11-8-2002)
Opinion of the Court
OPINION
{¶ 1} This is an appeal from the judgment of the Crawford County Common Pleas Court, which reimposed a sentence of eighteen months on Defendant-appellant, John Ingram (Ingram), for violating his probation.{¶ 2} In July 1996, Ingram was indicted on one count of theft under R.C.
{¶ 3} Ingram now appeals asserting a single assignment of error, "THE COURT ERRED BY IMPOSING A PRISON SANCTION OF ONE AND A HALF YEARS ON THE DEFENDANT, JOHN INGRAM. THE SENTENCE SHOULD HAVE BEEN THIRTY DAYS."
{¶ 4} R.C.
{¶ 5} While Ingram contends that he can appeal the May 21, 2002 entry in which the trial court reiterated his sentence of eighteen months in jail, we disagree. On January 3, 2001, Ingram's probation was revoked and he was sentenced to eighteen months in jail. The May 21, 2002 judgment entry was only a restatement by the court of Ingram's eighteen-month sentence. As the trial court did not increase Ingram's sentence and merely reiterated Ingram's already imposed eighteen-month sentence, we fail to see how any of Ingram's substantial rights were affected. Moreover, as Ingram is contesting the sentence given to him for violating his probation, Ingram was required to file an appeal within 30 days of his January 3, 2001 sentence. However, Ingram failed to file an appeal from that sentence. Consequently, this appeal in its present procedural form is not taken from a final appealable order therefore must be dismissed for lack of jurisdiction.
Appeal dismissed. BRYANT and HADLEY, JJ., concur.
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