State v. Nash
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[Cite as State v. Nash, 2012-Ohio-531.] IN THE COURT OF APPEALS ELEVENTH APPELLATE DISTRICT ASHTABULA COUNTY, OHIO STATE OF OHIO, : Plaintiff-Appellee, : -vs- : LEE E. NASH, MEMORANDUM OPINION : Defendant-Appellant. CASE NO. 2012-A-0003 : Criminal Appeal from the Court of Common Pleas, Case No. 2011 CR 68 Judgment: Appeal dismissed. Thomas L. Sartini, Ashtabula County Prosecutor, Ashtabula County Courthouse, 25 West Jefferson Street, Jefferson, OH 44047-1092 (For Plaintiff-Appellee). Hobart M. Shiflet, P.O. Box 1442, Ashtabula, OH 44005-1442 (For DefendantAppellant). THOMAS R. WRIGHT, J., {¶1} On January 27, 2012, appellant, by and through counsel, filed a notice of appeal from a December 22, 2011 judgment entry of his conviction and sentence issued by the Ashtabula County Court of Common Pleas. {¶2} App.R. 4(A) states in part: {¶3} A party shall file the notice of appeal required by App.R. 3 within thirty days of the later of entry of the judgment or order appealed. *** {¶4} In this case, appellant s notice of appeal was due to be filed by January 23, 2012. Thus, the appeal is untimely by four days. {¶5} App.R. 5(A) states, in relevant part: {¶6} (1) After the expiration of the thirty day period provided by App.R. 4(A) for the filing of a notice of appeal as of right, an appeal may be taken by a defendant with leave of the court to which the appeal is taken in the following classes of cases: {¶7} (a) Criminal proceedings; {¶8} (b) Delinquency proceedings; and {¶9} (c) Serious youthful offender proceedings. {¶10} (2) A motion for leave to appeal shall be filed with the court of appeals and shall set forth the reasons for the failure of the appellant to perfect an appeal as of right. Concurrently with the filing of the motion, the movant shall file with the clerk of the trial court a notice of appeal in the form prescribed by App.R. 3 and shall file a copy of the notice of appeal with the court of appeals. *** {¶11} In the present case, appellant has neither complied with the thirty-day rule set forth in App.R. 4(A) nor sought leave to appeal pursuant to App.R. 5(A). Therefore, this court is without jurisdiction to consider this appeal. {¶12} This appeal is dismissed, sua sponte, pursuant to App.R. 4(A). DIANE V. GRENDELL, J., MARY JANE TRAPP, J., concur. 2
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