Case Information
*1 [Cite as State v. Washington , 2021-Ohio-3883.]
IN THE COURT OF APPEALS OF OHIO ELEVENTH APPELLATE DISTRICT PORTAGE COUNTY
STATE OF OHIO, CASE NO. 2021-P-0026 Plaintiff-Appellee,
Criminal Appeal from the - v - Municipal Court, Ravenna Division TIANA CHANEL WASHINGTON,
Trial Court No. 2020 TRC 10902 R Defendant-Appellant.
M E M O R A N D U M O P I N I O N
Decided: November 1, 2021
Judgment: Appeal dismissed Victor V. Vigluicci, Portage County Prosecutor, and Theresa M. Scahill , Assistant Prosecutor, 241 South Chestnut Street, Ravenna, OH 44266 (For Plaintiff-Appellee). Adam M. Van Ho, 243 Furnace Street, Suite 201, Akron, OH 44304 (For Defendant- Appellant).
JOHN J. EKLUND, J.
{¶1} Appellant, Tiana Chanel Washington, appeals from a February 11, 2021 entry of the Portage County Municipal Court, Ravenna Division. After finding appellant guilty of OVI, a first-degree misdemeanor, and speeding, a minor misdemeanor, the trial court sentenced her to a $475 fine; 180 days in jail, with 180 days suspended; and a one year driver’s license suspension.
{¶2} Appellee, the state of Ohio, filed a motion to dismiss the appeal for lack of jurisdiction indicating that the sentencing entry is not a final appealable order. *2 Specifically, appellee contends that the appeal should be dismissed because the entry does not contain a separate sentence for each offense; rather, it just contains a “blanket sentence” for both convictions. State v. Clay , 11th Dist. Trumbull No. 2009-T-0126, 2010- Ohio-4558, ¶ 11; and State v. Garner, 11th Dist. Trumbull No. 2002-T-0025, 2003-Ohio- 5222, ¶ 7.
{¶3} No brief or memorandum in opposition to the motion has been filed by appellant.
{¶4} When only a single sentence is imposed after finding an appellant guilty of two different crimes, one of the offenses is left without a sentence, and this court is unable to determine to which offense the sentence applies. Thus, there is no final appealable order. Garner at ¶ 10. See also State v. Kelly, 11th Dist. Portage No. 2020-P-0077, 2021-Ohio-474.
{¶5} Therefore, it is ordered that appellee’s motion to dismiss is granted, and the appeal is hereby dismissed.
MARY JANE TRAPP, P.J., concurs,
THOMAS R. WRIGHT, J., concurs in judgment only.
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Case No. 2021-P-0026