2016 Ohio 3265
Ohio Ct. App.2016Background
- In 1990 William Crossty was convicted of murder with a firearm specification and sentenced to 15 years to life plus a three-year firearm term; he did not timely appeal.
- Crossty made multiple unsuccessful postconviction and sentence-modification motions in 2007 and 2010 under former statutes.
- After enactment of R.C. 2929.201 (effective Sept. 15, 2014), which permits certain pre-1996 offenders to seek shock probation notwithstanding prior time limits, Crossty moved for shock probation in Dec. 2014.
- The Hamilton County Common Pleas Court denied the R.C. 2929.201 motion on April 13, 2015.
- Crossty sought and received leave for a delayed appeal; he argued the court erred by denying shock probation given his rehabilitation, while the state argued he was ineligible because his offense was nonprobational.
- The appellate court dismissed the appeal for lack of jurisdiction, holding denial of a shock-probation motion under R.C. 2929.201 is not a final, appealable order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the denial of a motion under R.C. 2929.201 is a final, appealable order | State: Denial should be affirmed; Crossty ineligible for shock probation | Crossty: Trial court erred in denying shock probation given rehabilitation evidence | Court: No jurisdiction — denial of R.C. 2929.201 motion is not a final, appealable order |
Key Cases Cited
- State v. Coffman, 91 Ohio St.3d 125, 742 N.E.2d 644 (Ohio 2001) (holding denial of a motion under former R.C. 2947.061 was not a final appealable order because shock probation is discretionary and not a "substantial right")