State v. Nagy, 2019 Ohio 3058

Jessica D. Nagy pleaded guilty in Portage C.P. to fourth-degree grand theft auto and second-degree complicity to burglary and was placed on community control (April 2016).
The trial court warned that violations could result in more restrictive sanctions or specific prison terms; Nagy did not file a direct appeal from the original sentencing entry.
Probation moved to revoke; the court revoked community control and imposed prison (Dec. 6, 2017) and issued two nunc pro tunc entries (Dec. 26, 2017; Jan. 8, 2018). No appeals were timely filed from those entries.
Nagy later filed pro se motions (July 6 and Nov. 5, 2018) requesting preparation of transcripts at the state’s expense to pursue a delayed appeal; the trial court denied the requests as untimely.
Nagy appealed the denial of transcripts and attempted to raise sentencing error claims; the appellate court considered whether it had jurisdiction and whether Nagy was entitled to state-funded transcripts.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Nagy was entitled to trial transcripts at state's expense	State: No; Nagy has no present appeal or an allowed delayed appeal, so no entitlement	Nagy: Denial violated due process and equal protection by blocking her ability to prepare an appeal	Court: No entitlement—transcripts at public expense require either a present appeal as of right or an actual appeal pending after leave is granted; Nagy has neither; denial affirmed
Whether the appellate court may review Nagy’s sentencing claims	State: Lack of jurisdiction because no timely notice of appeal was filed from the sentencing entries	Nagy: Trial court improperly imposed a single lump community-control term and erred by imposing sentences on each count after revocation	Court: Dismissed for lack of jurisdiction—appeals as of right were not timely filed; sentencing claims not reviewable on this appeal

State v. Tripodo, 50 Ohio St.2d 124 (1977) (order denying transcript, if properly journalized, is final and appealable)
State ex rel. Copeland v. Judges of Court of Appeals of Third Appellate Dist., 67 Ohio St.2d 1 (1981) (indigent defendant has a constitutional right to transcript at public expense for an appeal)
Griffin v. Illinois, 351 U.S. 12 (1956) (plurality recognizing fairness-based right to appellate records for indigents)
State ex rel. Braxton v. Parrino, 176 Ohio St. 318 (1964) (right to transcript at state expense depends on a present appeal or an actual appeal pending after leave)
State ex rel. Pendell v. Adams Cty. Bd. of Elections, 40 Ohio St.3d 58 (1988) (failure to file timely notice of appeal deprives reviewing court of jurisdiction)
State ex rel. Vaughn v. Reid, 173 Ohio St. 464 (1962) (no right to transcript after appeal period expires unless leave to appeal has been granted)