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State v. Jenkins

Court of Appeals of Ohio, Eighth District, Cuyahoga

July 3, 2019

STATE OF OHIO, Plaintiff-Appellant,
v.
MICHAEL J. JENKINS, Defendant-Appellee.

          Criminal Appeal from the Cuyahoga County Court of Common Pleas Case No. CR-14-585521-B

          Michael C. O'Malley, Cuyahoga County Prosecuting Attorney, and Daniel T. Van, Assistant Prosecuting Attorney, for appellant.

          Mark A Stanton, Chief Public Defender, and Erika B. Cunliffe, Assistant Public Defender, for appellee.

          JOURNAL ENTRY AND OPINION

          ANITA LASTER MAYS, JUDGE

         {¶ 1} Plaintiff-appellant, the state of Ohio, appeals the trial court's denial of the state's motion to reinstate the conviction of the defendant-appellee, Michael J. Jenkins ("Jenkins"). Upon a review of the record, we find that the trial court's denial to reinstate the conviction is not a final appealable order, and accordingly, we have no jurisdiction to determine this appeal.

         I. Facts and Procedural History

         {¶ 2} On May 15, 2014, Jenkins, along with his codefendant, Oscar S. Dickerson ("Dickerson") were indicted on five counts relating to a sexual assault that occurred on July 2, 1994. Both were charged with two counts of rape, two counts of complicity, and one count of kidnapping. Jenkins was found guilty and sentenced to eight years in prison. The state appealed the sentence, and Dickinson filed a cross-appeal.

This court ordered his conviction vacated. State v. Dickerson, 2016-Ohio-807, 60 N.E.3d 699 (8th Dist.) ("Dickerson I "). The Ohio Supreme Court remanded that case for application of State v. Jones, 148 Ohio St.3d 167, 2016-Ohio-5105, 69 N.E.3d 688. On remand, this court reached the same conclusion and vacated Dickerson's conviction, finding that his counsel was ineffective for failing to timely file a motion to dismiss based on preindictment delay. State v. Dickerson, 2017-Ohio-177 ("Dickerson II "). The state appealed that decision, and the Ohio Supreme Court declined to accept the case for review on October 11, 2017.

State v. Jenkins, 2018-Ohio-483, 106 N.E.3d 216, ¶ 2 (8th Dist.) ("Jenkins I ").

         {¶ 3} Jenkins filed an identical appeal in Jenkins I. This court held that "Jenkins's trial counsel was ineffective for failing to file a timely motion to dismiss based on preindictment delay * * *," and reversed his convictions. Id. at ¶ 45. On remand, the trial court held a hearing on the issue of the preindictment delay and found that Jenkins did not suffer prejudice due to the delay. The state then filed a motion with the trial court to reinstate Jenkins's convictions. The trial court denied the motion to reinstate the conviction on July 6, 2018. The state sought leave to appeal the denial of their motion, and this court granted leave. Jenkins[1] and Dickerson, [2] simultaneously filed appeals on the trial court's denial of their preindictment delay motions. Those appeals are pending before this same panel. The state also filed an identical appeal to this one in regards to Dickerson.[3] The state assigns one error for our review:

I. The trial court erred in denying the state's motion to reinstate convictions because such an order granted the defendant a new trial where no error justifies a new trial and the taint of the remand has been neutralized.

         II. Final Appealable Order

         A. Whether this Court has Authority to Review the Trial Court's Decision to Deny Reinstatement of Convictions

         {¶ 4} The state contends that the trial court's denial of its motion to reinstate Jenkins's ...


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