State v. Berrios

• Citation: 2022 Ohio 1999
• Decision Date: 13 June 2022
• Docket Number: 2022-A-0043
• Parties: STATE OF OHIO, Plaintiff-Appellee, v. RAUL ALVAREZ BERRIOS, Defendant-Appellant.
• Court: United States Court of Appeals (Ohio)

2022-Ohio-1999

STATE OF OHIO, Plaintiff-Appellee, v. RAUL ALVAREZ BERRIOS, Defendant-Appellant.

No. 2022-A-0043

Court of Appeals of Ohio, Eleventh District, Ashtabula

June 13, 2022

Criminal Appeal from the Court of Common Pleas Trial Court No. 2021 CR 00126

Judgment: Appeal dismissed

Colleen M. O'Toole, Ashtabula County Prosecutor (For Plaintiff-Appellee).

Joseph P. Morse (For Defendant-Appellant).

MEMORANDUM OPINION

JOHN J. EKLUND, J.

{¶1} On May 19, 2022, appellant, Raul Alvarez Berrios, by and through counsel filed a notice of appeal from an October 19, 2021 judgment entry of the Ashtabula County Court of Common Pleas which denied his pretrial motion to suppress evidence.

{¶2} An order denying a defendant's motion to suppress prior to the conclusion of the criminal trial has been held to not be a final appealable order. See State v. Jones, 11th Dist. Portage No. 98-P-0116, 1999 WL 33100648, *2 (Jan. 29, 1999); State v. Ricciardi, 134 Ohio App.3d 155 (7th Dist. 1999).

{¶3} Additionally, even if the October 19, 2021 entry were a final order, appellant's May 19, 2022 notice of appeal would be untimely since it was filed beyond the thirty-day time period in App.R. 4(A)(1).

{¶4} Appeal dismissed, sua sponte, for lack of jurisdiction.

CYNTHIA WESTCOTT RICE, J., MARY JANE TRAPP, J., concur.