State v. Cousino , 2015 Ohio 3587 ( 2015 )

[Cite as State v. Cousino, 2015-Ohio-3587.]
Court of Appeals of Ohio
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
JOURNAL ENTRY AND OPINION
No. 102388
STATE OF OHIO
PLAINTIFF-APPELLEE
vs.
GREGORY COUSINO
DEFENDANT-APPELLANT
JUDGMENT:
DISMISSED
Criminal Appeal from the
Cuyahoga County Court of Common Pleas
Case No. CR-10-534129-A
BEFORE: S. Gallagher, J., E.A. Gallagher, P.J., and Blackmon, J.
RELEASED AND JOURNALIZED: September 3, 2015
ATTORNEY FOR APPELLANT
Thomas A. Rein
700 W. St. Clair, Suite 212
Cleveland, Ohio 44113
ATTORNEYS FOR APPELLEE
Timothy J. McGinty
Cuyahoga County Prosecutor
By: Daniel T. Van
Kristine Pesho
Assistant Prosecuting Attorneys
Justice Center - 8th Floor
1200 Ontario Street
Cleveland, Ohio 44113
SEAN C. GALLAGHER, J.:
{¶1} Appellant Gregory Cousino appeals the decision of the trial court that
imposed a three-year prison term for the violation of community control sanctions.
Because there is a lack of a final appealable order, we lack jurisdiction over the matter
and must dismiss the appeal.
{¶2} Appellant was subject to a maximum sentence of one year in prison on each
of the four counts of criminal nonsupport of dependents for which he was convicted.
After violating the terms of community control for a third time, the trial court terminated
community control sanctions, sentenced appellant to three years in prison, without
specific reference to any count, and informed appellant of the possibility of three years of
postrelease control.
{¶3} Appellant argues, and the state concedes, that the trial court failed to make
any findings required by R.C. 2929.14 and 2011 Am.Sub.H.B. No. 86 for imposing a
consecutive sentence. The state further contends that the trial court may not impose a
lump-sum sentence and that the matter must be remanded for the trial court to sentence
appellant on each count.
{¶4} We find there is no final appealable order because the trial court’s entry was
not, in fact, a final judgment of conviction because it does not include the sentence on
each count. See State v. Baker, 119 Ohio St. 3d 197, 2008-Ohio-3330, 893 N.E.2d 163,
syllabus. Furthermore, the trial court imposed a lump-sum sentence without being
specific as to the sentence on each of the four counts and how those counts were to run, in
violation of State v. Saxon, 109 Ohio St. 3d 176, 2006-Ohio-1245, 846 N.E.2d 824, ¶ 9.
{¶5} Accordingly, we must dismiss the appeal for a lack of a final appealable
order.
It is ordered that appellee recover from appellant costs herein taxed. A
certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules
of Appellate Procedure.
SEAN C. GALLAGHER, JUDGE
EILEEN A. GALLAGHER, P.J., and
PATRICIA ANN BLACKMON, J., CONCUR