State v. Dempsey

In State v. Dempsey, Cuyahoga App. No. 82154, 2003 Ohio 2579, the Eighth District Court of Appeals concluded that because a trial court's award of intervention in lieu of conviction is discretionary in nature, it does not affect a "substantial right" of a defendant under R.C. 2505.02, and is therefore not a final order subject to appellate review. Id. at P7. The Second District Court of Appeals has similarly determined that a pretrial order denying intervention in lieu of conviction does not affect a substantial right of a defendant under R.C. 2505.02 and may not be reviewed on appeal. See State v. Chalender (1994), 99 Ohio App.3d 4, 7, 649 N.E.2d 1254.