State v. Newberry

Harsha, Judge.

This matter came on for consideration upon appellee’s motion to dismiss for lack of jurisdiction. Appellant has not filed a memorandum contra.

The underlying appeal is from an order filed by the Ross County Court of Common Pleas denying the motion of Brenda Newberry, defendant-appellant, for a hearing on the denial of her admission to the Ross County Diversion Program.

Appellant assigned the following error, which is phrased as a statement:

“Admission to a prosecutor’s diversion program authorized by R.C. 2935.36 is a benefit entitled to protection by due process under the Ohio…