STATE v. BEAUREGARD, Unpublished Decision (7-21-2005)

2005-Ohio-3722

Nos. 85402, 85403, 85404, 85405.Court of Appeals of Ohio, Eighth District, Cuyahoga County.
July 21, 2005.

Criminal appeal from Common Pleas Court Case No. CR-452110.

Dismissed.

William D. Mason, Esq., Cuyahoga County Prosecutor, Martina Kulick, Esq., Assistant County Prosecutor, The Justice Center — 9th Floor, 1200 Ontario Street, Cleveland, Ohio 44113, for plaintiff-appellant.

Robert L. Tobik, Esq., Cuyahoga County Public Defender, Paul Kuzmins, Esq., Assistant Public Defender, 1200 West Third Street, 100 Lakeside Place, Cleveland, Ohio 44113, for defendant-appellee, Michael Beauregard.

Elizabeth Kelley, Esq., 13938A Cedar Road, Suite No. 285, Cleveland, Ohio 44118-3204, for defendant-appellee, Kimaudura Pullie.

Marie Dearmond, Pro Se, 2219 Payne Avenue, Cleveland, Ohio 44112, for defendant-appellee, Marie Dearmond.

Ralph T. DeFranco, Esq., 75 Public Square, Suite No. 1320, Cleveland, Ohio 44113, for defendant-appellee, Samuel Teasley.

JOURNAL ENTRY and OPINION
MICHAEL J. CORRIGAN, JUDGE.

{¶ 1} The state appeals from a dismissal of four separate criminal indictments on grounds that it failed to produce at a pretrial an out-of-state witness. We dismiss the appeal for want of a final, appealable order because the order itself is considered to be without prejudice. See City of Fairview Park v. Fleming (Dec. 7, 2000), Cuyahoga App. Nos. 77323 and 77324 (dismissal of a criminal complaint cannot be considered a proceeding ancillary to the action; therefore, the dismissal of a criminal complaint, without prejudice, is not a final order, and the court lacks jurisdiction to consider it); State v. Steel, Cuyahoga App. No. 85076, 2005-Ohio-2623 at ¶ 6.

{¶ 2} This appeal is dismissed.

It is, therefore, ordered that appellees recover of appellant their costs herein taxed.

It is ordered that a special mandate issue out of this court directing the Common Pleas Court to carry this judgment into execution.

A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure.

Calabrese, Jr., P.J., Kilbane, J., Concur.