State v. Saunders
2017 Ohio 901
| Ohio Ct. App. | 2017Background
- Jerome Saunders was indicted (Sept. 16, 2014) on three felony counts: trafficking in cocaine (first degree), possession of cocaine (first degree), and tampering with evidence (third degree).
- The trial court found Saunders guilty on counts two (possession) and three (tampering) and imposed agreed consecutive sentences totaling seven years.
- The trial court's judgment entry did not dispose of count one (trafficking); the record before the appellate court contains no indication the State moved to dismiss that count.
- Appellant's counsel filed an Anders brief and moved to withdraw, asserting no arguable, non-frivolous appellate issues; counsel identified the suppression ruling as a possible issue.
- Saunders filed a pro se brief arguing the vehicle stop lacked reasonable, articulable suspicion, so the trial court erred in denying his suppression motion.
- The Fourth District concluded the appeal presented no final, appealable order because count one remained pending, and dismissed the appeal for lack of jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred in denying Saunders' motion to suppress | State implicitly maintained suppression denial was correct (no meritorious error identified) | Saunders (pro se) argued there was no reasonable, articulable suspicion to stop his vehicle | Not reached on merits — appellate court had no jurisdiction to decide because appeal was not from a final order |
| Whether the appellate court has jurisdiction to hear the appeal when one indictment count remains undecided | State proceeded on convictions for counts 2 and 3 but record shows count 1 remained pending | Saunders sought review of convictions and suppression ruling despite unresolved count | Appeal dismissed for lack of jurisdiction because the trial court did not dispose of all charges, so the judgment was not a final, appealable order |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967) (procedural requirements when counsel seeks to withdraw on grounds that appeal is frivolous)
- Portco, Inc. v. Eye Specialists, Inc., 173 Ohio App.3d 108, 2007-Ohio-4403 (4th Dist.) (courts of appeals may review only final orders of inferior courts)
