State v. Rubadue

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[Cite as State v. Rubadue, 2005-Ohio-3679.] COURT OF APPEALS LICKING COUNTY, OHIO FIFTH APPELLATE DISTRICT STATE OF OHIO Plaintiff-Appellee -vsDANIELLE RUBADUE Defendant-Appellant : : : : : : : : : JUDGES: Hon. John F. Boggins, P.J. Hon. William B. Hoffman, J. Hon. Sheila G. Farmer, J. Case No. 2005CA00004 OPINION CHARACTER OF PROCEEDING: Criminal Appeal from Licking County Common Pleas Court, Case No. 04-CR-174 JUDGMENT: DISMISSED DATE OF JUDGMENT ENTRY: JULY 18, 2005 APPEARANCES: For Plaintiff-Appellee BRIAN T. WALTZ 20 South Second St., 4th Fl. Newark, OH 43055 For Defendant-Appellant THOMAS S. GORDON 1820 Northwest Boulevard Columbus, OH 43212 [Cite as State v. Rubadue, 2005-Ohio-3679.] Boggins, J. {¶1} This is an appeal from the Common Pleas Court of Licking County after a no-contest plea was entered by Appellant as to a charge of forgery (R.C. 2913.31(A)(3)). STATEMENT OF THE FACTS AND CASE {¶2} The sentence imposed after such plea and finding of guilt was three years community control with conditions. A violation resulted, stipulated to by Appellant and re-sentence resulted in five years community control and six months incarceration. {¶3} The following Assignment of Error is submitted: ASSIGNMENT OF ERROR {¶4} I. THE TRIAL COURT ERRED BY ACCEPTING APPELLANT S NO CONTEST PLEA, AS IT WAS NOT VOLUNTARILY MADE. I. {¶5} The Assignment of Error is attempting to collaterally attack the judgment of the court in accepting the no contest plea by an appeal from the sentence of the court following a probation violation. {¶6} The no contest plea was entered on August 5, 2004. {¶7} This appeal incorrectly attempts to relate the plea to the January 19, 2005 sentence. Licking County, Case No. 2005CA00004 {¶8} 3 Pursuant to Appellate Rule 4(A), this Court lacks jurisdiction to review this appeal as it was filed beyond the applicable time. {¶9} This cause is dismissed at Appellant s costs. By: Boggins, P.J. Hoffman, J. and Farmer, J. concur. _________________________________ _________________________________ _________________________________ JUDGES [Cite as State v. Rubadue, 2005-Ohio-3679.] IN THE COURT OF APPEALS FOR LICKING COUNTY, OHIO FIFTH APPELLATE DISTRICT STATE OF OHIO Plaintiff-Appellee -vsDANIELLE RUBADUE Defendant-Appellant : : : : : : : : : : JUDGMENT ENTRY CASE NO. 2005CA00004 For the reasons stated in our accompanying Memorandum-Opinion on file, the judgment of the Court of Common Pleas of Licking, Ohio, is dismissed. Costs assessed to Appellant. _________________________________ _________________________________ _________________________________ JUDGES

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