State v. Powell

On this appeal, Powell presents several issues which go to the merits of the trial court’s finding that Powell’s refusal to submit to the chemical test was unreasonable and to the order suspending the operating privileges for sixty days.

However, before this court can consider the merits of a controversy, it must first be established that we have appellate court jurisdiction.

Neither party raised the issue of appealability in their briefs; nevertheless, it was raised at oral argument and the defendant subsequently responded in writing. Furthermore, parties cannot, either by failure to raise the…