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