State v. Ogle, 2017 Ohio 869

In Sept. 2011 Ogle received a felony assault sentence that included three years of community control; as part of a plea bargain she agreed to a two-year extension, yielding a five-year term.
Ogle previously appealed related convictions and this court held she waived her right to appeal the community-control extension.
In Sept. 2016 Ogle filed a postconviction-relief petition challenging the 2011 conviction; the trial court had not ruled on that petition when subsequent events occurred.
Ogle’s five-year community-control term expired in Sept. 2016 and the trial court entered an order terminating probation, discharging her from probation, and restoring civil rights.
Ogle appealed the termination/discharge order; the State moved to dismiss the appeal for lack of a final, appealable order.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Is the trial court’s termination/discharge order a final, appealable order?	State: The order is not final because it does not affect a substantial right.	Ogle: The order implicitly denied her pending postconviction petition and thus is appealable.	The order is not a final, appealable order; appeal dismissed for lack of jurisdiction.
Did the termination order affect a substantial right requiring immediate appeal?	State: No — it merely memorialized expiration of the statutory five-year community control.	Ogle: Implied denial of relief and therefore affects rights.	The court held no substantial right was affected; no immediate appeal necessary.
Could the trial court terminate community control outside R.C. 2929.15(C)?	State: Trial court lacked authority to terminate community control except under statutory framework.	Ogle: Sought termination as relief from allegedly unlawful sanction (not under R.C. 2929.15(C)).	Court reiterated trial court cannot modify/terminate community control outside the statute; prior avenues were direct appeal or postconviction petition.
Had Ogle already waived the right to appeal the community-control sanction?	State: Earlier appellate decision found waiver.	Ogle: Sought to challenge unlawfulness now.	Court noted earlier waiver and that the order here did not revive an appealable right.

Wilhelm-Kissinger v. Kissinger, 950 N.E.2d 516 (Ohio 2011) (explains when an order affects a "substantial right" for final-judgment purposes)
Production Credit Assn. v. Hedges, 87 Ohio App.3d 207 (4th Dist. 1993) (appellate court lacks jurisdiction over nonfinal orders)
Kouns v. Pemberton, 84 Ohio App.3d 499 (4th Dist. 1992) (same)