State v. Hamad, 031819 OHCA11, 2017-T-0108

Docket Nº:2017-T-0108
Opinion Judge:TIMOTHY P. CANNON, J.
Party Name:STATE OF OHIO, Plaintiff-Appellee/ Cross-Appellant, v. NASSER Y. HAMAD, Defendant-Appellant/ Cross-Appellee.
Attorney:Dennis Watkins, Trumbull County Prosecutor; Christopher Becker, Michael A. Burnett, and Ashleigh Musick, Assistant Prosecutors, (For Plaintiff-Appellee/Cross-Appellant). Samuel H. Shamansky, Donald L Regensburger, Colin Peters, and Sarah A. Hill, Samuel H. Shamansky Co., LPA, (For Defendant-Appel...
Judge Panel:THOMAS R. WRIGHT, P.J., MARY JANE TRAPP, J., concur.
Case Date:March 18, 2019
Court:Court of Appeals of Ohio
 
FREE EXCERPT

2019-Ohio-924

STATE OF OHIO, Plaintiff-Appellee/ Cross-Appellant,

v.

NASSER Y. HAMAD, Defendant-Appellant/ Cross-Appellee.

No. 2017-T-0108

Court of Appeals of Ohio, Eleventh District, Trumbull

March 18, 2019

Criminal Appeal from the Trumbull County Court of Common Pleas. Case No. 2017 CR 00133.

Dennis Watkins, Trumbull County Prosecutor; Christopher Becker, Michael A. Burnett, and Ashleigh Musick, Assistant Prosecutors, (For Plaintiff-Appellee/Cross-Appellant).

Samuel H. Shamansky, Donald L Regensburger, Colin Peters, and Sarah A. Hill, Samuel H. Shamansky Co., LPA, (For Defendant-Appellant/Cross-Appellee).

MEMORANDUM OPINION

TIMOTHY P. CANNON, J.

{¶1} This matter is before us on a notice of appeal and a notice of cross-appeal from the judgment of conviction entered by the Trumbull County Court of Common Pleas against Nasser Y. Hamad. Hamad was sentenced to the Lorain Correctional Institution on November 20, 2017, and filed his notice of appeal on November 22, 2017. The state of Ohio, by and through the prosecuting attorney, filed its notice of cross-appeal on November 29, 2017.

{¶2} Prior to the enactment of R.C. 2945.67, the state did not have the right to appeal decisions in criminal cases. The statute "was enacted to balance the disparity between a defendant's right to appeal and the absence of any such right possessed by the State." State v. Kole, 11th Dist. Ashtabula No. 99-A-0015, 2000 WL 1460031, *2 (Sept. 29, 2000); see also State v. DeJesus, 11th Dist. Ashtabula No. 99-A-0063, 2000 WL 1733562, *1 (Nov. 17, 2000). R.C. 2945.67 now grants the state of Ohio a substantive right to appeal decisions in criminal cases, which is limited to certain instances where an appeal is either permitted as a matter of right or may be permitted by leave of the appellate court.

{¶3} The state may appeal, as a "matter of right," any decision in a criminal case that (1) grants a motion to dismiss all or part of an indictment, information or complaint; (2) grants a motion to suppress evidence; (3) grants a motion for the return of seized property; or (4) grants postconviction relief. R.C. 2945.67(A). The state has not appealed...

To continue reading

FREE SIGN UP