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State v. Munion
2012 Ohio 4963
Ohio Ct. App.
2012
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Background

  • 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)
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Case Details

Case Name: State v. Munion
Court Name: Ohio Court of Appeals
Date Published: Oct 23, 2012
Citation: 2012 Ohio 4963
Docket Number: 12CA3476
Court Abbreviation: Ohio Ct. App.