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State v. Dudley
2014 Ohio 430
| Ohio Ct. App. | 2014
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Background

  • Appellant Dudley appeals May 16, 2013 sentencing entry from Ashland County Court of Common Pleas.
  • Appellant pled no contest to multiple offenses in two cases, including four fifth-degree felonies and several thefts/burglaries.
  • Trial court imposed consecutive sentences for felonies with an aggregate term; misdemeanors run concurrently.
  • Restitution was a central issue; court ordered specific amounts but withheld final determination pending documentation from victims.
  • Judgment entry largely unresolved restitution matters, rendering it interlocutory and non-final for purposes of appeal; appeal dismissed for lack of final order.
  • Court noted Dudley cursed at the judge and was removed, but sentencing continued; restitution documentation remained pending.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether the May 16, 2013 judgment is a final appealable order given restitution remains undetermined State argues restitution is part of the sentence and final Dudley contends judgment is appealable despite pending restitution No final appealable order; appeal dismissed

Key Cases Cited

  • State v. Miller, 127 Ohio St.3d 407 (2010) (restitution as part of sentence is final and appealable)
  • State v. Danison, 105 Ohio St.3d 127 (2005) (restoration of loss is final as part of sentencing)
  • State v. Kuhn, 2006-Ohio-1145 (2006) (deferral of restitution affects finality if unresolved)
  • In re Zakov, 107 Ohio App.3d 716 (1995) (interlocutory restitution orders impede final appealability)
  • In re Holmes, 70 Ohio App.2d 75 (1980) (lack of final restitution amount prevents final order status)
  • State v. Riggs, 2009-Ohio-6821 (2009) (recognizes interlocutory nature of incomplete restitution)
Read the full case

Case Details

Case Name: State v. Dudley
Court Name: Ohio Court of Appeals
Date Published: Jan 15, 2014
Citation: 2014 Ohio 430
Docket Number: 13-COA-016
Court Abbreviation: Ohio Ct. App.