State v. LongState v. Long
John W. Long, pro se.
Please note: We have removed this case from the accelerated calendar.
Per Curiam.
{¶1} Defendant-appellant John W. Long presents on appeal a single assignment of error challenging the Hamilton County Common Pleas Court‘s entry denying his application for DNA testing. Because the entry from which Long appeals is not a final appealable order, we dismiss the appeal.
{¶2} Long was convicted of murder in 2004. He unsuccessfully challenged his conviction in direct appeals to this court and to the Ohio Supreme Court. See State v. Long (Oct. 26, 2005), 1st Dist. No. C-040643, appeal not accepted for review, 108 Ohio St.3d 1489, 2006-Ohio-962, 843 N.E.2d 794.
{¶3} In December 2010, we remanded Long‘s case to the common pleas court for correction of his sentence upon our determination that the sentence was void to the extent that it included an unauthorized term of postrelease control. See State v. Long, 1st Dist. No. C-100285, 2010-Ohio-6115. In January 2011, the court corrected the sentence.
{¶4} Meanwhile, in May 2010, Long had applied under
{¶5} Whether a court accepts or rejects an application for DNA testing of biological evidence, the court must memorialize its decision in ”a judgment and order * * * that includes * * * the reasons for the acceptance or rejection as applied to the criteria and procedures set forth in [
{¶6} The common pleas court entered its judgment “overrul[ing]” Long‘s “motion” for DNA testing upon “find[ing] the said motion not well taken.” Because the entry rejecting Long‘s application did not conform with
Appeal dismissed.
DINKELACKER, P.J., HILDEBRANDT and HENDON, JJ.
Please note:
The court has recorded its own entry on the date of the release of this opinion.