T. Campbell, Lebanon, Ohio, pro se appellant.
Kelley, Adams County Prosecuting Attorney, and Kris D.
Blanton, Adams County Assistant Prosecuting Attorney, West
Union, Ohio, for appellee.
DECISION AND JUDGMENT ENTRY
William H. Harsha, Judge.
Roscoe T. Campbell appeals the dismissal of his motion for
reconsideration of a prior motion to vacate or suspend court
costs and fines. Campbell argues that the trial court had
jurisdiction to consider his original motion concerning costs
and fines and therefore it should have granted his motion for
reconsideration. Because the trial court order Campbell
appeals is not a final appealable order, we dismiss this
appeal for lack of jurisdiction.
A jury convicted Campbell of two counts of rape of a minor
child less than thirteen years of age and the trial court
sentenced him accordingly. In his direct appeal we reversed
that portion of the judgment imposing consecutive sentences
and remanded for resentencing. See State v.
Campbell, 4th Dist. Adams No. 13CA969, 2014-Ohio-3860.
After that occurred Campbell appealed again but we found no
merit to his appeal and affirmed the judgment. See State
v. Campbell, 4th Dist. Adams No. 15CA1012,
Several months later Campbell filed a "Motion to
Vacate/Suspend Court Costs and Fines and/or Clarify Previous
Judgment Entry Order" asking the trial court to vacate
or suspend court costs and the fine, or clarify the portion
of the judgment entry that imposed the fine and costs.
The trial court dismissed the motion on the ground that it
lacked jurisdiction to rule on it: "This Court finds it
is without authority to rule on this motion, and therefore
the same is dismissed." Campbell did not appeal this
order. Instead, Campbell filed a "Request for
Reconsideration of Order to Vacate/Suspend Court Costs and
Fines" in which he asked the court to reconsider its
decision and argued that a trial court has jurisdiction to
waive, suspend or modify the payment of costs at the time of
sentencing or at any time thereafter under R.C. 2947.23(C).
The trial court dismissed the motion for reconsideration on
the ground it lacked authority to rule on it. Campbell
appeals this order.
ASSIGNMENT OF ERROR
Campbell assigns the following error for our review:
TRIAL COURT ABUSED ITS [SIC] DISCRETION WHEN IT DENIED PRO
SE-APPELLANTS MOTION TO VACATE/SUSPECT [SIC] COURT COSTS AND
LAW AND ANALYSIS
Before we address the merits of the appeal, we must decide
whether we have jurisdiction to do so. Under Section 3(B)(2),
Article IV of the Ohio Constitution, courts of appeals have
"such jurisdiction as may be provided by law to review
and affirm, modify, or reverse judgments or final orders of
the courts of record inferior to the court of appeals within
the district." R.C. 2505.03(A) similarly limits the
appellate jurisdiction of courts of appeals to the review of
final orders, judgments, or decrees. If a judgment is not
final and appealable, an appellate court has no jurisdiction
to review the matter and must dismiss the appeal. Eddie
v. Saunders, 4th Dist. Gallia No. 07CA7, 2008-Ohio-4755,
¶ 11. If the parties do not raise the jurisdictional
issue, we must raise it sua sponte. State v. Locke,
4th Dist. Scioto No. 11CA3409, 2011-Ohio-5596, ¶ 4.
A criminal conviction becomes final upon the entry of the
sentence. See Crim.R. 32(C) and State v.
Carlisle,131 Ohio St.3d 127, 2011-Ohio-6553, 961 N.E.2d
671, ¶ 11. A judgment of conviction is final when the
order sets forth (1) the fact of the conviction; (2) the
sentence; (3) the signature of the judge; and (4) entry on
the journal by the clerk of court. Id. Crim.R. 32(C)
also provides that a judgment becomes final when the trial
court reduces it to writing and the clerk enters it on the
journal. See State v. Purnell,171 Ohio App.3d 446,
2006-Ohio-6160, 871 N.E.2d 613 (1st Dist.) citing State
v. Danison,105 Ohio ...