ILC Denial by Trial Court Not Appealable


A woman was convicted of a first degree misdemeanor for violating a protection order after she pled "no contest." She then appealed her conviction and subsequent sentence stating that the trial court erred in denying her motion for intervention per § 2951.041 of the Ohio Revised Codes. A motion for intervention in lieu of conviction is granted when someone is charged with a crime and the court believes that drugs or alcohol contributed to the offense OR a mental illness or intellectual disability contributed to the criminal act. The state concluded that the trial court's denial of the defendant's motion without a hearing did not affect her rights and therefore was not subject to appeal. The state affirmed the trial court's original decision and the defendant was convicted of violating § 2919.27 of the Ohio Revised Codes (Violation of a Protection Order).

To learn more, view State v. Stanton 2013.