Ohio Revised Code

Ohio Rev. Code § 2953.03 (2026)

Motion for new trial - notice of appeal filed

✓ current as of May 2026
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(A) If a motion for a new trial is filed pursuant to Criminal Rule 33 by a defendant who is convicted of a misdemeanor under the Revised Code or an ordinance of a municipal corporation, and if that defendant was on bail at the time of the conviction of that offense, the trial judge or magistrate shall suspend execution of the sentence or judgment imposed pending the determination on the motion for a new trial and shall determine the amount and nature of any bail that is required of the defendant in accordance with section 2937.011 of the Revised Code.

(B) If a notice of appeal is filed pursuant to the Rules of Appellate Procedure or Chapter 1905. of the Revised Code by a defendant who is convicted in a municipal, county, or mayor's court or a court of common pleas of a misdemeanor under the Revised Code or an ordinance of a municipal corporation, if that defendant was on bail at the time of the conviction of that offense, and if execution of the sentence or judgment imposed is suspended, the trial court or magistrate or the court in which the appeal is being prosecuted shall determine the amount and nature of any bail that is required of the defendant as follows:

(1) In the case of an appeal to a court of appeals by a defendant who is convicted in a municipal or county court or a court of common pleas, in accordance with section 2937.011 of the Revised Code and Appellate Rule 8;

(2) In the case of an appeal to a municipal or county court by a defendant who is convicted in a mayor's court, in accordance with section 2937.011 of the Revised Code.

Last updated July 18, 2023 at 12:36 PM

Notes of Decisions
Cited in 35 cases (4 in the last 5 years), 1954–2026 · leading case: State ex rel. Davis v. Janas (Slip Opinion), 2020 Ohio 1462 (Ohio 2020).
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State ex rel. Davis v. Janas (Slip Opinion), 2020 Ohio 1462 (Ohio 2020). “3 (probation-revocation proceedings); R.C. 2953.03 and Crim.R. 33 (motion for a new trial); Crim.”
State v. Huntsman, 249 N.E.2d 40 (Ohio 1969). · cites it 6× “253 ), at pages 255 and 256: “The words of Section 2953.03 clearly indicate that Section 2953.”
State v. Gonzales, 783 N.E.2d 903 (Ohio Ct. App. 2002). “10, the indictment or charging instrument must specify that the offender is a major drug offender, except as provided in R.C. 2953.03 and 2925.11. R.C. 2925.03(C)(4)(g) provides that whoever violates R.”
Loza v. Mitchell, 705 F. Supp. 2d 773 (S.D. Ohio 2010). · cites it 2× “) Further, according to Petitioner, Detective Knabel even admitted that he had had no objective and particularized basis for concluding that Petitioner had been involved in any crime, stopping Petitioner on the basis of a dubious letter and/or on the basis of Petitioner’s…”
State v. Johnson, 2017 Ohio 5527 (Ohio Ct. App. 2017). “Johnson, appeals from a judgment of the Franklin County Court of Common Pleas convicting him of trafficking in drugs, in violation of R.C. 2953.03. For the reasons that follow, we affirm.”
State v. Matthews, 691 N.E.2d 1041 (Ohio 1998). “Chapter 2953 that are discussed in Huntsman and are currently in existence, R.C. 2953.03, 2953.07 to 2953.11, and 2953.”
State v. Thames, 2022 Ohio 1715 (Ohio Ct. App. 2022). “R.C. 2953.03 allows such modification and provides: “[U]pon the hearing of an appeal other than an appeal from a mayor's court, the appellate court may affirm the judgment or reverse it, in whole or in part, or modify it * * *.”
State v. Jenkins, 2018 Ohio 4814 (Ohio Ct. App. 2018). “” R.C. 2953.03(C)(1)(f). Section 2925.11 contains a comparable provision regarding aggravated possession of methamphetamine.”
State v. Matthews, 1998 Ohio 433 (Ohio 1998). “Chapter 2953 that are discussed in Huntsman and are currently in existence, R.C. 2953.03, 2953.07 to 2953.11, and 2953.”
State v. O'Brien, 2026 Ohio 1173 (Ohio Ct. App. 2026). “3 (probation-revocation proceedings); R.C. 2953.03 and Crim.R. 33 (motion for a new trial); Crim.”
State v. Armstrong, 248 N.E.2d 212 (Ohio Ct. App. 1969). · cites it 6× “* * *” Section 2953.03, Revised Code, authorizes the Common Pleas Court, in the case of an indigent defendant in a felony ease who has perfected an appeal within time, to order the transcript of the record and the bill of exceptions to be paid from the county treasury and order…”
State Ex Rel. Wilson v. McMahon, Judge, 173 N.E.2d 398 (Ohio Ct. App. 1961). · cites it 10× “Further, pursuant to Section 2953.03, Revised Code, these relators, defendants in the above described case, made written application for an order requiring the State to pay for a bill of exceptions and transcript of the record, setting forth in affidavits filed with the…”
Show all 35 citing cases →
— Ohio Rev. Code § 2953.03(B) — 1 case
State v. Gipp, 2024 Ohio 1076 (Ohio Ct. App. 2024).
— Ohio Rev. Code § 2953.03(C)(1)(f) — 1 case
State v. Jenkins, 2018 Ohio 4814 (Ohio Ct. App. 2018). “” R.C. 2953.03(C)(1)(f). Section 2925.11 contains a comparable provision regarding aggravated possession of methamphetamine.”
— Ohio Rev. Code § 2953.03(D) — 1 case
Loza v. Mitchell, 705 F. Supp. 2d 773 (S.D. Ohio 2010). “) Further, according to Petitioner, Detective Knabel even admitted that he had had no objective and particularized basis for concluding that Petitioner had been involved in any crime, stopping Petitioner on the basis of a dubious letter and/or on the basis of Petitioner’s…”
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