State v. Furnier
2013 Ohio 455
Ohio Ct. App.2013Background
- Furnier was indicted in multiple cases involving theft, breaking and entering, burglary, and related offenses between July 2010 and April 2011.
- On February 2, 2012, Furnier pled guilty to several counts across six cases as part of plea negotiations.
- The plea agreement contemplated a total twelve-year sentence, with a possible ten-year aggregate term if Furnier fully cooperated to recover stolen property.
- Between the plea and sentencing, Furnier was in custody, and the State argued Furnier breached the agreement by not recovering jewelry and providing information.
- At sentencing, the court imposed the twelve-year aggregate sentence and ordered restitution totaling $36,570.69, plus costs.
- The record shows numerous remaining counts across several case numbers remained unresolved, leaving the judgment not a final, appealable order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the appeal final and reviewable given unresolved counts? | Furnier argues the order is final and appealable. | State argues remaining counts prevent finality. | Appeal dismissed for lack of a final, appealable order. |
Key Cases Cited
- State v. Grube, 2012-Ohio-2180 (4th Dist. 2012) (finality requires disposition of all charges)
- State v. Carr, 2012-Ohio-5151 (4th Dist. 2012) (trial court journal controls; unresolved counts render order non-final)
- State v. Marcum, 2012-Ohio-572 (4th Dist. 2012) (discussion of finality and disposed counts)
- State v. Grube, 2012-Ohio-2180 (4th Dist. 2012) (reiterates jurisdiction over final orders and non-final appealability)
