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MEMORANDUM OPINION {¶ 1} On February 3, 2009, appellant, Louis M. Walker, pro se, filed his notice of appeal from a January 12, 2009 judgment issued by the Lake County Court of Common Pleas denying his motion for judicial release under R.C.2929.20 .{¶ 2} Pursuant to Article
IV , Section3 (B)(2 ), of the Ohio Constitution, appellate courts have jurisdiction to review, affirm, modify, or reverse judgments or final orders from *Page 2 courts of record inferior to the court of appeals and from final orders or actions of administrative officers or agencies.{¶ 3} In State v. Coffman,
91 Ohio St.3d 125 ,126 ,2001-Ohio-273 , the Supreme Court of Ohio expressly held that "a trial court's denial of a motion for shock probation is never a final appealable order." In addition, appellate courts in Ohio that have addressed this issue afterCoffman have held that the same logic is applicable to a denial of a motion for judicial release since it mirrors shock probation. State v.Woods (2001),141 Ohio App.3d 549 ,550 ; State v. Williams, 10th Dist. No. 07AP-1035,2008-Ohio-1906 , at ¶9 ; State v. Mayle, 5th Dist. Nos. 07-CA-0006 and 07-CA-0007,2008-Ohio-3761 , at ¶13 ; State v.Greene, 2nd Dist. No. 02-CA-17, 2002-Ohio-2595, at ¶ 6. Since there is no right to judicial release, the denial of a motion for judicial release cannot affect a "substantial right" as that term is defined in R.C.2505.02 (A)(1).{¶ 4} Therefore, this appeal is hereby dismissed for lack of a final appealable order.
{¶ 5} Appeal dismissed.
MARY JANE TRAPP, P.J., COLLEEN MARY O'TOOLE, J., concur. *Page 1
Document Info
Docket Number: No. 2009-L-015.
Citation Numbers: 2009 Ohio 1829
Judges: DIANE V. GRENDELL, J.
Filed Date: 4/17/2009
Precedential Status: Precedential
Modified Date: 7/6/2016