State v. Tripodo

• Decision Date: 25 May 1977
• Docket Number: No. 76-494,76-494
• Citation: 50 Ohio St.2d 124,363 N.E.2d 719,4 O.O.3d 280
• Parties: , 4 O.O.3d 280 The STATE of Ohio, Appellee, v. TRIPODO, Appellant.
• Court: Ohio Supreme Court

Page 124

50 Ohio St.2d 124

363 N.E.2d 719, 4 O.O.3d 280

The STATE of Ohio, Appellee, v. TRIPODO, Appellant.

No. 76-494.

Supreme Court of Ohio.

May 25, 1977.

Syllabus by the Court

1. An announcement of a decision in a criminal case is not a final appealable order until the entry of judgment thereon is filed with the trial court. (App.R. 4(B).)

2. A notice of appeal from an announcement of a decision in a criminal case is premature until the entry of judgment thereon is filed with the trial court.

Appellant, Matthew Tripodo, was charged in Chardon Municipal Court with violation of R.C. 959.13, cruelty to animals, a misdemeanor of the second degree. After trial appellant was found guilty and sentenced to 90 days in jail, and a fine of $750 was imposed. The jail sentence and fine were suspended on condition that appellant make restitution to the Geauga County Humane Society for expenses incurred while appellant's horses were under its care.

Appellant filed a timely notice of appeal from the judgment of the trial court on August 15, 1975. At the same time, appellant filed a motion for a free transcript of proceedings with the trial court on the basis of indigency. On September 19, 1975, the trial court entered a decision as follows:

'RULING OF THE COURT

'The Court grants defendant's August 15th motion in respect to all of the motions and the rulings of the Court on the motions, the sentencing of the Court in any and all matters heard and considered by the Court in ruling upon this case and finding (sic) the defendant. As to a transcript of the evidence that was heard and considered by the Court and of the arguments of counsel, the Court feels that since defendant was represented by counsel throughout the entire trial, the usual procedure should be followed of having defense counsel and prosecutor submit to the Court for approval an agreed transcript of the testimony presented. If the Court then approves such statement, it can be forwarded to the Court of Appeals. All mechanically-recorded testimony in the possession of the Court is available to defendant upon request in order to supplement the agreed statement. The Court is certain that the attorney who represented defendant throughout the trial will recognize his duty to make his notes as to the evidence available to defendant for preparation of the agreed statement.

'The Court notices that defendant's counsel did not at any time make application to the Court to have a court reporter furnished without costs to defendant, a request with which the Court would have been glad to comply.'

By letters dated September 19, 1975, the ruling was sent to both the prosecutor and defense counsel. The prosecutor was instructed to provide a journal entry reflecting the court's ruling.

A notice of appeal was also filed from the court's decision dated September 19, 1975. No journal entry was every filed reflecting the ruling of the court on appellant's motion for a free transcript.

The Court of Appeals dismissed the appeal from the ruling of the trial court on appellant's motion for a free transcript, for the reason that there was no final appealable order since the decision of the court had never been journalized.

The cause is now before this court pursuant to the allowance of appellant's motion to certify the record.

Edward T. Brice, Chardon, for appellee.

Paul Mancino, J., Cleveland, for appellant.

McCORMAC, Justice.

The issue before this court is whether a ruling of a trial court in a criminal case constitutes a final judgment from which an appeal can be taken when the ruling is intended to be an announcement of the decision and the decision is not later finalized by an appropriate judgment entry.

App.R. 4(B) provides as follows:

'In a criminal case the notice of appeal by a defendant shall be filed with the clerk of the trial court within thirty days of the date of the entry of the judgment or order appealed from. A notice of appeal filed after the announcement of a decision, sentence or order but before entry of the judgment or order shall be treated as filed after such entry and on the day thereof. * * *'

Clearly the Rules of Appellate Procedure contemplate that there may be an announcement of a decision or order which does not commence the running of the 30-day period for filing a notice of appeal and which is not final until entry of the judgment based on that decision. If the notice of appeal is filed prematurely, App.R. 4(B) makes it timely when the judgment entry is filed. The problem in this case is that the notice of appeal was filed after the announcement of the ruling of the court, but the ruling was never made final by a judgment entry properly journalized.

Appellant argues that the ruling itself constitutes the final judgment from which an appeal can be taken under R.C. 2505.02 and that a judgment entry is not required. That contention is not well taken. It is obvious in the instant case that the 'ruling of the court' was not...