State v. Munion
2012 Ohio 4963
Ohio Ct. App.2012Background
- Munion was charged with speeding (Ordinance 333.03) and street racing (Ordinance 333.07) in Portsmouth.
- Curtis Hall was charged with the same offenses; Munion and Hall had a joint bench trial.
- The trial court orally found both guilty of the charged offenses and sentenced them.
- The Entry of Sentence addressed the street racing conviction but omitted any reference to the speeding conviction.
- There was no journal entry or other document stating a conviction or sentence for speeding, leaving the speeding charge unresolved.
- The appellate court dismissed the appeal, ruling there was no final, appealable order because one charged offense remained unresolved.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Street racing conviction weight of evidence | Munion argues the street racing conviction is against the manifest weight of the evidence. | City contends the evidence supports the conviction. | Appeal dismissed for lack of a final, appealable order; issue not reached. |
Key Cases Cited
- Eddie v. Saunders, 2008-Ohio-4755 (4th Dist. No. 07CA7 (Ohio 2008)) (jurisdiction to review final judgments; sua sponte consideration)
- State v. Locke, 2011-Ohio-5596 (4th Dist. No. 11 CA3409 (Ohio 2011)) (jurisdiction over appeals; finality requirement for citations)
- State v. Marcum, 2012-Ohio-572 (4th Dist. Nos. 11CA8 & 11CA10 (Ohio 2012)) (journal entry controls; speaks through journal entries)
- State v. Lester, 130 Ohio St.3d 303 (2011-Ohio-5204) (final judgment of conviction must dispose of all charges)
