State v. Blackwell, Unpublished Decision (12-14-2007)
State v. Blackwell, Unpublished Decision (12-14-2007)
Opinion of the Court
{¶ 2} In 1999, Blackwell was convicted on four counts of felonious assault and two counts of aggravated robbery. We affirmed the convictions on appeal.1
{¶ 3} In August of 2006, Blackwell filed with the common pleas court a postconviction petition under R.C.
{¶ 4} In his notice of appeal, Blackwell proposed to appeal "the final order of March 19, 2007, denying [his] motion to vacate sentence." But the only filing docketed on March 19 was the state's "Motion Denying [sic] Defendant's Motion to Vacate Sentence," in which the state argued for the dismissal of Blackwell's postconviction petition. Three days later, the common pleas court entered judgment overruling Blackwell's "Motion Requesting Final Adjudication of Petition for *Page 3 Postconviction Relief Pursuant to O.R.C. 2701.02." But this entry did not address the claims advanced in his postconviction petition.
{¶ 5} A court of appeals has jurisdiction to review only the "judgment or final order" of an inferior court.2 R.C.
{¶ 6} The state's March 19, 2007, "Motion Denying [sic] Defendant's Motion to Vacate Sentence" was not an order of the court. And the court's March 22 "Entry Overruling Defendant's Motion Requesting Final Adjudication of Petition for Postconviction Relief Pursuant to O.R.C. 2701.02" neither affected a substantial right nor effectively determined, or prevented a judgment in, the proceedings upon Blackwell's postconviction petition.
{¶ 7} We are, therefore, without jurisdiction in the appeal. Accordingly, we do not reach the merits of the assignments of error, and we dismiss the appeal.
Appeal dismissed.
PAINTER, P. J., HENDON and DINKELACKER, JJ.
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