State v. Carr, 2012 Ohio 5151

Carr was indicted in 10 CR 117 for failure to provide notice of a change of address, insurance fraud, and theft.
In 11 CR 220, Carr was indicted for failure to provide notice of a change of address; the State intended 11 CR 220 as a substitute for 10 CR 117’s notice charge.
The trial court never entered an order dismissing the failed-to-notify charge in 10 CR 117, though the parties agreed to try the 11 CR 220 notice charge.
Carr pled no contest to insurance fraud in exchange for dismissal of theft; he was convicted and sentenced on insurance fraud.
The unresolved 10 CR 117 failure-to-notify charge created a hanging charge, so the January 24, 2012 sentencing entry could not be a final appealable order; the appeal is thus dismissed for lack of jurisdiction.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Is the appeal jurisdictionally barred due to an unresolved charge preventing a final order?	Carr	State	Yes; no final, appealable order exists, so dismissal for lack of jurisdiction.

State v. Lester, 130 Ohio St.3d 303 (2011-Ohio-5204) (final judgment requires disposition of charges; journal entry controls)
State v. Marcum, 2012-Ohio-572 (2012-Ohio-572) (multiple charges may be resolved separately; still final if sentencing reflects disposition)
State ex rel. Rose v. McGinty, 128 Ohio St.3d 371 (2011-Ohio-761) (journal entry must dismiss unresolved charges for finality)
Eddie v. Saunders, 2008-Ohio-4755 (4th Dist. 2008) (sua sponte jurisdiction review when not raised by parties)
State v. Locke, 2011-Ohio-5596 (4th Dist. 2011) (addressing appellate jurisdiction sua sponte)