State v. Schlosser
2016 Ohio 731
Ohio Ct. App.2016Background
- Defendant John D. Schlosser filed a motion for judicial release; because his offense predated July 1, 1996, the trial court treated it as a motion for shock probation and denied it on October 7, 2015.
- Schlosser had previously filed a motion for shock probation in 1995 and a motion for super-shock probation in 2004; the trial court concluded it lacked jurisdiction due to those prior filings.
- Schlosser appealed the denial; the State moved to dismiss for lack of a final appealable order.
- The court considered whether denials of motions under former R.C. 2947.061, R.C. 2929.20 (judicial release), and the newer R.C. 2929.201 (application for shock probation) are final, appealable orders.
- The court applied Ohio Supreme Court precedent holding that denial of shock-probation motions is not a final appealable order and found no basis to treat R.C. 2929.201 differently.
- The court dismissed the appeal for lack of jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether denial of a motion for judicial release/shock probation is a final, appealable order | State: The order is not final; appeal must be dismissed | Schlosser: Denial of judicial release/shock-probation motion should be appealable (including under R.C. 2929.201) | Denial is not a final, appealable order; appeal dismissed |
| Whether R.C. 2929.20 (judicial release) denial is appealable | State: No right to appeal under Coffman | Schlosser: Some courts have allowed appeals; statute should permit review | Denial under R.C. 2929.20 is not a final appealable order |
| Whether the new statute R.C. 2929.201 creates an appealable right | State: R.C. 2929.201 mirrors prior statute; no appeal right created | Schlosser: R.C. 2929.201 revives eligibility and should permit appeal | R.C. 2929.201 does not create a right of appeal; denial is not final |
| Whether appellate courts can review trial-court determinations of statutory eligibility for shock probation | State: Coffman bars review of denials; no jurisdiction | Schlosser: Denial of eligibility involves legal error and should be reviewable | Court: Bound by Coffman; cannot review denials of shock probation; issue is not appealable |
Key Cases Cited
- State v. Coffman, 91 Ohio St.3d 125 (Ohio 2001) (holding that a trial court’s denial of a motion for shock probation is not a final appealable order)
- State v. Peoples, 102 Ohio St.3d 460 (Ohio 2004) (discusses the State’s authorized appeals from orders granting judicial release)
- State v. Brandon, 86 Ohio App.3d 671 (2d Dist. 1993) (prior-line authority treating denial of shock probation as affecting a substantial right and implicating procedural due process)