State v. Sherman, 2011 Ohio 5794

Appellant was indicted on multiple counts including weapons while under disability, concealed weapon, improper handling of a firearm, two counts of trafficking in drugs, and two counts of possession of drugs.
A plea agreement was initially entered but was found not knowingly and intelligently entered, and the matter was remanded by this court.
After a jury trial, Sherman was found guilty on Counts 1, 2, 3, 6 and 7; Counts 4 and 5 (drug trafficking) hung jury.
The State indicated a retrial on Counts 4 and 5, and Sherman filed a notice of appeal on the same day as the sentencing.
The trial court had not disposed of all charges; the State sought trial on the hung counts, so the appealed judgment was not a final, appealable order, leading to this Court dismissing the appeal for lack of finality.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Finances: trial court fines and ability to pay	State contends fines imposed without considering ability to pay.	Sherman contends the court failed to assess present and future ability to pay.	Not reviewable; dismissal for lack of final order.
Speedy trial discharge	State argues speedy-trial rights were not violated and discharge was not warranted.	Sherman argues his speedy-trial rights were violated warranting discharge.	Not reviewable; dismissal for lack of final order.
Suppression ruling	State defends the denial of suppression as proper.	Sherman argues suppression ruling was erroneous and prejudicial.	Not reviewable; dismissal for lack of final order.

State v. Rothe, 2009-Ohio-1852 (5th Dist. 2009) (finality requires disposition of all charges)
State v. Sanchez, 2009-Ohio-813 (2nd Dist. 2009) (hung jury and retrial considerations; finality depends on dismissal or retrial)
State v. Clay, 2010-Ohio-4558 (11th Dist. 2010) (interlocutory appealability when charges pending)