[Cite as State v. Ober , 2021-Ohio-3709.] 

## IN THE COURT OF APPEALS OF OHIO ELEVENTH APPELLATE DISTRICT PORTAGE COUNT Y STATE OF OHIO, Plaintiff-Appellee,

- v - JAMES S. OBER, Defendant-Appellant. CASE NO. 2021-P-0091

Criminal Appeal from the Municipal Court, Ravenna Division

Trial Court No. 2020 TRC 08592 R

M E M O R A N D U M O P I N I O N Decided: October 18, 2021 Jud g ment: Appeal dismissed

Victor V. Vigluicci, Portage County Prosecutor, 241 South Chestnut Street, Ravenna, OH 44266 ( For Plaintiff-Appellee )

. James S. Ober , pro se, 6150 All y n Road, Hiram, OH 44234 ( Defendant-Appellant )

.

CYNTHIA WESTCOTT RICE, J. {¶1} On September 1, 2021, appellant, James S. Ober, pro se, filed a notice of appeal from the trial court’s August 6, 2021 denial of his Augu st 5, 2021 “Withdraw of Statement.” In the August 5 th pleading, appellant moved the trial court to “withdraw statements made that were in the copy of the transcript where h e may or may not have stated that [he] absolutely and unequivocally did not want [his ] attorney, Michael Grueschow, to represent [him].” The docket reflects that appel lant’s trial counsel was granted permission to withdraw as counsel on July 26, 2021.2

Case No. 2021-P-0091 {¶2} R.C. 2505.02 defines the types of orders that constitute a fina l appealable

order: {¶3} “(1) An order that affects a substantial right in an action tha t in effect determines the action and prevents a judgment; {¶4} “(2) An order that affects a substantial right made in a specia l proceeding or upon a summary application in an action after judgment; {¶5} “(3) An order that vacates or sets aside a judgment or grants a new trial; {¶6} “(4) An order that grants or denies a provisional remedy and to which both of the following apply: {¶7} “(a) The order in effect determines the action with respect to the provisional remedy and prevents a judgment in the action in favor of the ap pealing party with respect to the provisional remedy. {¶8} “(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. {¶9} “(5) An order that determines that an action may or may not be maintained as a class action; * * *.” {¶10} In criminal cases, pursuant to R.C. 2953.02, a court of appeals only possesses jurisdiction to hear an appeal if it is from a “judgm ent or final order.” Furthermore, the Supreme Court of Ohio has stated that “in a cr iminal case there 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).3

Case No. 2021-P-0091 {¶11} Here, the trial court merely denied appellant’s pro se pretrial motion to

withdraw his statements. There is no indication in the record that the charges against appellant of OVI refusal to submit to chemical tests, driving i n marked lanes, and the

seatbelt violation have been heard and that he has been convict ed and sentenced on the charges. {¶12} Thus, this appeal is premature since there is no final judgment which could be the subject of an appeal at this time. See State v. Bittner, 11th Dist. Lake No. 2019- L-166, 2020-Ohio-544; State v. Payne , 4th Dist. Lawrence No. 16CA3, 2016-Ohio-1411; State v. Anderson, 7th Dist. Mahoning No. 11-MA-43, 2012-Ohio-4390; State v. Evans , 6th Dist. Lucas No. L-08-1095, 2008-Ohio-2093. {¶13} Accordingly, the appeal is dismissed for lack of a final appeal able order.

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

concur.