[Cite as State v. Weber , 2021-Ohio-1545.]

IN THE COURT OF APPEALS

ELEVENTH APPELLATE DISTRICT LAKE COUNTY, OHIO

STATE OF OHIO, : MEMORANDUM OPINION Plaintiff-Appellee, : CASE NO. 2021-L-043 - vs - : JOSEPH T. WEBER, : Defendant-Appellant. :

Criminal Appeal from the Mentor Municipal Court, Case No. 2017 CRB 00725.

Jud g ment: Appeal dismissed.

Lisa M. Klammer , City of Mentor Prosecutor, 8500 Civic Center Boulevard, Mento r, OH 44060 ( For Plaintiff-Appellee )

. Joseph T. Weber, pro se , A.S.P.C., P.O. Box 8909, San Luis, AZ 85349 (DefendantAppellant )

.

MATT LYNCH, J. {¶1} Appellant, Joseph T. Weber, pro se, filed an “Appeal to Denial of Interstate Agreement on Detainers Act by Law,” construed as a notice of ap peal, on April 5, 2021. Appellant appeals from the trial court’s February 18, 2021 entr y denying his motion to

dismiss. {¶2} Appellant was charged with assault on May 1, 2017. He failed t o appear for his arraignment on May 12, 2017. Correspondence from appel lant was reviewed by the trial court on August 26, 2019, and a “Notice of Availabili ty” was filed on April 27,2 2020. On February 18, 2021, appellant filed a motion to dismis s with prejudice and to quash the outstanding warrant pursuant to an Interstate Agreeme nt on Detainers violation. On the same date, the trial court denied appellant’ s motion. This appeal followed on April 5, 2021. {¶3} Pursuant to R.C. 2953.02, a court of appeals only possesses jur isdiction to hear an appeal from a criminal case if the appeal is from a “judgment or final order.” {¶4} In addition, R.C. 2505.02(B) defines a final appealable order, in part, as the following: {¶5} “An order is a final order that may be reviewed, affirmed, modi fied, or reversed, with or without retrial, when it is one of the follow ing: {¶6} “(1) An order that affects a substantial right in an action tha t in effect determines the action and prevents a judgment; {¶7} “(2) An order that affects a substantial right made in a specia l proceeding or upon a summary application in an action after judgment; {¶8} “(3) An order that vacates or sets aside a judgment or grants a new trial; {¶9} “(4) An order that grants or denies a provisional remedy and to which both of the following apply: {¶10} “(a) The order in effect determines the action with respect to the provisional remedy and prevents a judgment in the action in fav or of the appealing party with respect to the provisional remedy. {¶11} “(b) The appealing party would not be afforded a meaningful or effective remedy by an appeal following final judgment as to all proceedi ngs, issues, claims, and parties in the action. * * *”3 {¶12} The Supreme Court of Ohio has stated that “in a criminal case t here must be a sentence which constitutes a judgment or a final order whi ch amounts ‘to a disposition of the cause’ before there is a basis for appeal.” State v. Chamberlain , 177 Ohio St. 104, 106-107 (1964). Further, the denial of a motion to dismiss for an Interstate Agreement on Detainers violation is not a final appe alable order. State v.

Johnson , 4th Dist. Scioto No. 16CA3733, 2016-Ohio-7036, ¶ 8. {¶13} In the instant matter, the trial court has merely denied appell ant’s motion to dismiss. No sentence has been issued, and the entry does no t qualify as a final appealable order under R.C. 2505.02. {¶14} This appeal is premature since there is no final judgment which could be the subject of an appeal at this time. {¶15} Appeal dismissed.

MARY JANE TRAPP, P.J., THOMAS R. WRIGHT, J.,

concur.