State v. Lile

Defendant is appealing the order of the County Court of Canfield overruling his motion to dismiss the charge against him of operating a motor vehicle while under the influence of alcohol, pursuant to E. C. 2945.71. He was arrested on March 8, 1974, and was notified that his trial was set for June 14, 1974, which was beyond the ninety day prohibition prescribed in E. C. 2945.71(B)(2).

We know from previous cases that there is a jurisdictional question of whether there is a final appealable order in this case. The pertinent part of E. C. 2953.05 is as follows:

“Appeal under section 2953.04 of the…