State v. Frye, 2013 Ohio 3307

Appellee is State of Ohio; appellant is Tracy A. Frye in the Fourth District of Scioto County.
Indictment on twelve drug-related counts (six trafficking, five possession, one misdemeanor) plus a forfeiture specification.
Appellant pled guilty to four trafficking counts (Counts 1, 3, 5, 9) on September 20, 2011 under a negotiated plea.
Before sentencing, Frye moved to withdraw his pleas; motion was heard January 18, 2012.
Trial court denied the withdrawal motion by judgment entry dated May 7, 2012; sentencing then occurred May 31–June 6, 2012 with a July 5, 2012 judgment entry.
Appellant’s sole assignment of error asserts improper denial of withdrawal; the court lacks jurisdiction because several indictment counts remained unresolved, so the appeal is dismissed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the appeal is timely or properly on the merits given finality requirements.	Frye argues the trial court erred in denying withdrawal of pleas.	Scioto County asserts no final order because counts 2,4,6,7,8,10–12 remained pending.	No final order; appeal dismissed for lack of jurisdiction.

State v. Carver, 4th Dist. No. 10CA3377, 2012-Ohio-3479 (2012) (discusses final orders and sua sponte jurisdiction issues)
In re B.J.G., 4th Dist. No. 10CA894, 2010-Ohio-5195 (2010) (indicates no final order when counts remain unresolved)
Davison v. Rini, 115 Ohio App.3d.688, 686 N.E.2d 278 (4th Dist. 1996) (1996) (sua sponte jurisdiction rules apply to appeals")
Prod. Credit Assn. v. Hedges, 87 Ohio App.3d 207, 621 N.E.2d 1360 (4th Dist. 1993) (1993) (finality requirements for appellate jurisdiction)
Kouns v. Pemberton, 84 Ohio App.3d 499, 617 N.E.2d 701 (4th Dist. 1992) (1992) (jurisdictional review threshold for appeals)