State v. Thompson

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[Cite as State v. Thompson, 2003-Ohio-4405.] COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA No. 82274 STATE OF OHIO Plaintiff-Appellee vs. LAMONT THOMPSON Defendant-Appellant DATE OF ANNOUNCEMENT OF DECISION : : : : : : : : : : : JUDGMENT : : : : : : : DATE OF JOURNALIZATION JOURNAL ENTRY AND OPINION : CHARACTER OF PROCEEDINGS AUGUST 21, 2003 Criminal appeal from Common Pleas Court Case No. CR-406417 DISMISSED. APPEARANCES: For plaintiff-appellee: For defendant-appellant: WILLIAM D. MASON, ESQ. Cuyahoga County Prosecutor BY: CHRISTOPHER McMONAGLE, ESQ. Assistant County Prosecutor The Justice Center, 9th Floor 1200 Ontario Street Cleveland, Ohio 44113 THOMAS A. REIN, ESQ. 930 Leader Building 526 Superior Avenue Cleveland, Ohio 44114 FRANK D. CELEBREZZE, JR., J.: 2 {¶1} Appellant Lamont Thompson, appeals his conviction and the sentence imposed by the common pleas court. record, however, reveals appellant s A review of the arguments are untimely presented and the appeal must be dismissed. {¶2} Appellant was convicted and sentenced on October 22, 2001 under Case No. CR-406417. Appellant did not file a notice of appeal until January 6, 2003, well outside the time allowed by the appellate rules, nor did he file a motion for leave to file a delayed appeal. {¶3} original Appellant filed neither a notice of appeal from the order of sentence within the 30-day jurisdictional requirement set forth in App.R. 4(A), nor a motion for a delayed appeal pursuant to App.R. 5(A). from the order consider it. challenged, Without a timely notice of appeal this court lacks jurisdiction to State v. Slagle, Union App. No. 14-02-08, 2002 Ohio 6616; State v. Starcic (June 4, 1998), Cuyahoga App. No. 72742; State v. Roark (Dec. 4, 1990), Adams App. No. 502, citing In re Copley (1972), 29 Ohio St.2d 35, 278 N.E.2d 358. {¶4} Since the original order of sentence was a final appealable order, and appellant failed to appeal that order, this court cannot consider appellant's assignments of error. Id.; State v. Leaks (Oct. 18, 2001), Cuyahoga App. No. 78801; State v. Jackson (1997), 123 Ohio App.3d 22, 702 N.E.2d 1229; cf., Village of Swanton v. Barker (Oct. 20, 2000), Fulton App. No. F-00-003; 3 State v. Nickerson (June 12, 1997), Cuyahoga App. No. 70910; State v. Calvert (Mar. 4, 1993), Cuyahoga App. No. 64416. City of Cleveland v. Yashea Black (Aug. 7, 2003), Cuyahoga App. No. 82457, 2003-Ohio-4197. {¶5} Accordingly, appellant s appeal is dismissed. It is ordered that appellee recover of appellant costs herein taxed. A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure. COLLEEN CONWAY COONEY, J., FRANK D. CELEBREZZE, JR. PRESIDING JUDGE AND ANTHONY O. CALABRESE, JR., J., CONCUR. 4 N.B. This entry is an announcement of the court's decision. See App.R. 22(B), 22(D) and 26(A); Loc.App.R. 22. This decision will be journalized and will become the judgment and order of the court pursuant to App.R. 22(E) unless a motion for reconsideration with supporting brief, per App.R. 26(A), is filed within ten (10) days of the announcement of the court's decision. The time period for review by the Supreme Court of Ohio shall begin to run upon the journalization of this court's announcement of decision by the clerk per App.R. 22(E). See, also, S.Ct.Prac.R. II, Section 2(A)(1).

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