Lyttle v. State

{¶ 19} I respectfully dissent from the majority’s dismissal of the instant appeal. I would sustain appellant’s first assignment of error and reverse the decision of the trial court.

{¶ 20} The majority concludes that neither this court, nor the trial court, has jurisdiction to review appellant’s challenge. However, the issue raised by appellant involves criminal subject-matter jurisdiction. Subject-matter jurisdiction refers to a court’s ability to hear and finally determine a certain criminal charge, including the sentencing of a defendant following conviction and any other penalties imposed.…