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State v. Furnier
2013 Ohio 455
Ohio Ct. App.
2013
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Background

  • 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)
Read the full case

Case Details

Case Name: State v. Furnier
Court Name: Ohio Court of Appeals
Date Published: Feb 6, 2013
Citation: 2013 Ohio 455
Docket Number: 12CA3474
Court Abbreviation: Ohio Ct. App.