[Cite as State v. Daniels, 2011-Ohio-1744.]

 IN THE COURT OF APPEALS OF OHIO 

 FOURTH APPELLATE DISTRICT 

 SCIOTO COUNTY 

STATE OF OHIO, : 

Plaintiff-Appellee, : Case No. 10CA3345 

vs. : 

JON DANIELS, : DECISION AND JUDGMENT ENTRY 

 

 

Defendant-Appellant. : 

_________________________________________________________________ 

 APPEARANCES: 

COUNSEL FOR APPELLANT: Richard M. Nash, Jr., 602 Chillicothe Street, Ste. 700, 

Portsmouth, Ohio 45662 

COUNSEL FOR APPELLEE: Mark E. Kuhn, Scioto County Prosecuting Attorney, and 

Pat Apel, Scioto County Assistant Prosecuting Attorney, 

602 Seventh Street, Portsmouth, Ohio 45662 

_________________________________________________________________ 

CRIMINAL APPEAL FROM COMMON PLEAS COURT 

DATE JOURNALIZED: 3-31-11 

ABELE, J. 

{¶ 1} This is an appeal from a Scioto County Common Pleas Court judgment of 

conviction and sentence. A jury found Jon Daniels, defendant below and appellant herein, guilty 

of (1) assault upon a peace officer in violation of R.C. 2903.13(A)&(C)(3); and (2) obstructing 

official business in violation of R.C. 2921.31(A)&(B). 

{¶ 2} Appellant assigns the following errors for review: 

FIRST ASSIGNMENT OF ERROR: 
SCIOTO, 10CA3345 2

“THE TRIAL COURT ERRED IN DENYING APPELLANT’S 

MOTION FOR MISTRIAL.” 

SECOND ASSIGNMENT OF ERROR: 

“THE TRIAL COURT ERRED WHEN IT ENTERED 

JUDGMENT AGAINST THE APPELLANT WHEN THE 

EVIDENCE WAS INSUFFICIENT TO SUSTAIN A 

CONVICTION AND THE CONVICTION WAS AGAINST THE 

MANIFEST WEIGHT OF THE EVIDENCE." 

THIRD ASSIGNMENT OF ERROR: 

“THE TRIAL COURT ABUSED ITS DISCRETION WHEN THE SENTENCE 

IT IMPOSED WAS BASED ON FACTORS WHICH WERE UNDISCLOSED, 

AND ON ALLEGATIONS WHICH WERE NEITHER CHARGED NOR 

TRIED.” 

FOURTH ASSIGNMENT OF ERROR: 

“THE TRIAL COURT ERRED IN IMPOSING A SENTENCE CONTRARY TO 

LAW.” 

{¶ 3} On August 19, 2009, the Scioto County Grand Jury returned an indictment that 

charged appellant with the aforementioned offenses. Appellant pled not guilty and the matter 

came on for trial over several days in January 2010. After hearing the evidence, the jury 

returned guilty verdicts and the trial court sentenced appellant to, inter alia, serve five years 

community control and thirty days in the Scioto County Jail. This appeal followed. 

{¶ 4} Before we can review the merits of appellant’s four assignments of error, we must 

first address a threshold jurisdictional problem. Appellate courts have jurisdiction to review the 

final orders of inferior courts within their districts. See Section 3(B)(2), Article IV, Ohio 

Constitution; R.C. 2501.02. A final order, for purposes of a criminal case, is one that sets forth 

“the plea, the verdict, or findings . . .” See Crim. R. 32(C). If an order is not final and 

appealable, then an appellate court does not have jurisdiction to review the matter and the case 
SCIOTO, 10CA3345 3

must be dismissed. See General Acc. Ins. Co. v. Ins. Co. of N. America (1989), 44 Ohio St.3d 

17, 20, 540 N.E.2d 266. Moreover, in the event the parties do not raise the jurisdictional issue, 

appellate courts must raise it sua sponte. See Chef Italiano Corp. v. Kent State Univ. (1989), 44 

Ohio St.3d 86, 541 N.E.2d 64, syllabus; Whitaker-Merrell v. Geupel Constr. Co. (1972), 29 Ohio 

St.2d 184, 186, 280 N.E.2d 922. 

{¶ 5} In the case sub judice, we observe that the February 24, 2010 sentencing entry 

makes no mention of the jury verdicts. Rather, the entry states that “the defendant has been 

convicted of Count 1 . . . and Count 2[.]" Unfortunately, this does not satisfy the Crim.R. 32(C) 

requirements. Generally, a trial court must make reference to the manner of conviction, in this 

case a jury verdict. See, e.g., State v. Wright, Adams No. 10CA903, 2011-Ohio-779, at ¶7; 

State v. Gibson, Highland App. No. 09CA16, 2010-Ohio-5632, at ¶7. 

{¶ 6} The Ohio Supreme Court has held that a “judgment of conviction is a final 

appealable order under R.C. 2505.02 when it sets forth [inter alia] the guilty plea, the jury 

verdict, or the finding of the court upon which the conviction is based.” (Emphasis added.) 

State ex rel. Rose v. McGinty, ___ Ohio St.3d ___, ___N.E.2d ___, 2011-Ohio-761, at ¶2; State 

v. Baker, 119 Ohio St.3d 197, 893 N.E.2d 163, 2008-Ohio-3330, at the syllabus. Although the 

entry in the case sub judice did provide that appellant was convicted of these offenses, it did not 

set out the means by which he was convicted (again, by jury verdict). Therefore, the trial court's 

entry does not satisfy the Crim.R. 32(C) requirements. 

{¶ 7} For these reasons, the judgment entry appealed herein is neither final nor 

appealable, and we have no jurisdiction to review the case. Accordingly, we hereby dismiss this 

appeal. 
SCIOTO, 10CA3345 4

APPEAL DISMISSED. 

 

 JUDGMENT ENTRY 

It is ordered that the appeal be dismissed and appellee recover of appellant the costs 

herein taxed. 

The Court finds there were reasonable grounds for this appeal. 

It is ordered that a special mandate issue out of this Court directing the Scioto County 

Common Pleas Court to carry this judgment into execution. 

A certified copy of this entry shall constitute that mandate pursuant to Rule 27 of the 

Rules of Appellate Procedure. 

Kline, J. & McFarland, J.: Concur in Judgment & Opinion 

For the Court 

BY: 

 Peter B. Abele, Judge 

NOTICE TO COUNSEL

Pursuant to Local Rule No. 14, this document constitutes a final judgment entry and the 

time period for further appeal commences from the date of filing with the clerk.