State v. Vernon, Unpublished Decision (4-28-2006), 2006 Ohio 2151 (Ohio Ct. App. 2006).
State v. Vernon, Unpublished Decision (4-28-2006), 2006 Ohio 2151 (Ohio Ct. App. 2006). Book View Copy Cite
State of Ohio
v.
Jay R. Vernon
No. 2006-L-007..
Ohio Court of Appeals.
Apr 28, 2006.
2006 Ohio 2151
Charles E. Coulson, Lake County Prosecutor, 105 Main Street, P.O. Box 490, Painesville, OH 44077 (For Plaintiff-Appellee). Jay R. Vernon, pro se, PID: 313-537, Marion Correctional Institution, P.O. Box 57, Marion, OH 43301-0057 (Defendant-Appellant).
WILLIAM M. O'NEILL, J..
Cited by 2 opinions  |  Unpublished

MEMORANDUM OPINION {¶ 1} On January 10, 2006, appellant, Jay R. Vernon, pro se, filed a notice of appeal from a January 5, 2006 judgment entry of the Lake County Court of Common Pleas. In that judgment, the trial court denied appellant's motion to dismiss a sexual offender determination hearing. It appears that the entry appealed from is not a final appealable order pursuant to R.C.2505.02.

{¶ 2} Generally, an order denying a motion to dismiss is not a final appealable order. West v. Carfax, Inc., 11th Dist. No. 2005-T-0044, 2005 WL 1503722, 2005-Ohio-3266, at ¶ 2, citingFerrell v. Standard Oil Co. of Ohio (1984), 11 Ohio St.3d 169. Furthermore, we note that overruling a motion to dismiss on the ground of double jeopardy is also not a final appealable order that may immediately be reviewed upon appeal. State v. Crago (1990), 53 Ohio St.3d 243, 244.

{¶ 3} In the instant matter, the trial court overruled appellant's motion to dismiss on double jeopardy grounds. Therefore, the judgment entry from which this appeal is taken is not a final appealable order pursuant to R.C. 2505.02, and thus, this court does not have jurisdiction to consider the merits of his appeal.

{¶ 4} Based upon the foregoing analysis, this appeal is hereby sua sponte dismissed for lack of a final appealable order.

{¶ 5} Appeal dismissed.

Ford, P.J., Rice, J., concur.