State v. Hayes

The issue presented in this action is whether the court of appeals has jurisdiction to hear the state’s appeal of the trial court’s ruling. We hold that the court of appeals does have jurisdiction to hear the state’s appeal and, accordingly, reverse the judgment of the court of appeals.

Section 3(B)(2), Article IV of the Ohio Constitution, R.C. 2953.02 and App. R. 3(A)1 and 4(B),2 when properly invoked, provide the courts of appeals with jurisdiction in criminal matters. Section 3(B)(2), Article IV, provides in pertinent part:

“Courts of appeals shall have such jurisdiction as may be provided…