State v. Nguyen
2012 Ohio 2488
Ohio Ct. App.2012Background
- Charles Nguyen was convicted by a jury of rape, kidnapping, aggravated burglary, and tampering with evidence in Athens County Common Pleas Court.
- The trial court sentenced Nguyen to consecutive ten-year terms for rape, kidnapping, and aggravated burglary, and a five-year term for tampering with evidence to be served concurrently, totaling thirty years.
- Nguyen filed a Crim.R. 33 motion for new trial two days after the verdict, but the court did not show a ruling on that motion in the record.
- The court of appeals determined that no final, appealable order existed while the Crim.R. 33 motion remained pending, triggering dismissal for lack of jurisdiction.
- The appellate court dismissed the appeal and ordered costs to be recovered by appellee; a special mandate was issued to implement the dismissal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the appeal is jurisdictionally proper | Nguyen argued the trial court erred and the matter is appealable. | State contends no final order exists while Crim.R. 33 motion is pending. | Appeal dismissed for lack of jurisdiction. |
Key Cases Cited
- State v. Moore, 188 Ohio App.3d 726 (2010) (no final appealable order while new-trial motion pending)
- State v. Schofield, 2002-Ohio-6945 (2002) (jurisdictional issue when Crim.R. 33 pending)
- State v. Waulk, 2003-Ohio-11 (2003) (appeal timing and final order requirements)
- In re Murray, 1990 (Ohio Supreme Court 1990) (sua sponte jurisdictional hoc for appeals)
- Whitaker-Merrell v. Geupel Co., 29 Ohio St.2d 184 (1972) (jurisdictional and appellate timing principles)