State v. $1885.00 in U.S. Currency

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[Cite as State v. $1885.00 in U.S. Currency, 2011-Ohio-3038.] COURT OF APPEALS STARK COUNTY, OHIO FIFTH APPELLATE DISTRICT STATE OF OHIO Plaintiff-Appellee -vs$1885.00 IN U.S. CURRENCY (Criminal Case No. 2009-CR-0437 Johnny Brack) Defendant-Appellant : : : : : : : : : JUDGES: Hon. W. Scott Gwin, P.J. Hon. Julie A. Edwards, J. Hon. Patricia A. Delaney, J. Case No. 2011-CA-00036 OPINION CHARACTER OF PROCEEDING: Civil appeal from the Stark County Court of Common Pleas, Case No. 09-MI-0131 JUDGMENT: Dismissed DATE OF JUDGMENT ENTRY: June 20, 2011 APPEARANCES: For Plaintiff-Appellee For Defendant-Appellant JOHN D. FERRERO STARK COUNTY PROSECUTOR BY: GERALD T. YOST 110 Central Plaza S., Ste 510 Canton, OH 44702 LEISHA SHERRELL-SIMS, PRO SE 919 Sandal Place N.E. Canton, OH 44704 [Cite as State v. $1885.00 in U.S. Currency, 2011-Ohio-3038.] Gwin, P.J. {¶1} Leisha Sherrell-Sims appeals a judgment of the Court of Common Pleas of Stark County, Ohio, which found money seized by the North Canton police was the property of Johnny V. Brack, and ordered the money sent to the clerk of court to apply to amounts Brack owed on prior cases. Appellant shared a home with Brack. Brack was arrested on drug charges but acquitted; appellant was never charged with a crime. {¶2} The court journalized its judgment on December 7, 2010. On January 27, 2011, the court issued a nunc pro tunc entry to correct a scrivener s error. On February 10, 2011, appellant filed her notice of appeal. {¶3} App. R. 4 (A) provides a notice of appeal must be filed within 30 days from the entry of the judgment being appealed. The time requirement is jurisdictional, and this court has no jurisdiction to review an untimely appeal. Rundle v. Rundle (1997), 123 Ohio App. 3d 304, 305, 704 N.E. 2d 56, citations deleted. {¶4} A nunc pro tunc order speaks as of the date of the original judgment, and does not extend the 30-day filing period for an appeal. Inc. (1998), 130 Ohio App. 3d 106, 719 N.E. 2d 629. Gold Touch, Inc. v. TJS Lab, Stark County, Case No. 2011-CA-00036 {¶5} 3 We find we lack jurisdiction to review this judgment, and accordingly the appeal is dismissed. By Gwin, P.J., Edwards, J., and Delaney, J., concur _________________________________ HON. W. SCOTT GWIN _________________________________ HON. JULIE A. EDWARDS _________________________________ PATRICIA A. DELANEY WSG:clw 0516 [Cite as State v. $1885.00 in U.S. Currency, 2011-Ohio-3038.] IN THE COURT OF APPEALS FOR STARK COUNTY, OHIO FIFTH APPELLATE DISTRICT STATE OF OHIO Plaintiff-Appellee -vs$1885.00 IN U.S. CURRENCY (Criminal Case No. 2009-CR-0437 Johnny Brack) Defendant-Appellant : : : : : : : : : : : JUDGMENT ENTRY CASE NO. 2011-CA-00036 For the reasons stated in our accompanying Memorandum-Opinion, the appeal is dismissed for lack of jurisdiction. _________________________________ HON. W. SCOTT GWIN _________________________________ HON. JULIE A. EDWARDS _________________________________ PATRICIA A. DELANEY

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