State v. Hernandez-Reynoso

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[Cite as State v. Hernandez-Reynoso, 2005-Ohio-6157.] IN THE COURT OF APPEALS ELEVENTH APPELLATE DISTRICT LAKE COUNTY, OHIO STATE OF OHIO, Plaintiff-Appellee, : MEMORANDUM OPINION : CASE NO. 2005-L-149 - vs - : SANTIAGO A. HERNANDEZ-REYNOSO, Defendant-Appellant. : : Criminal Appeal from the Court of Common Pleas, Case No. 04 CR 000426 Judgment: Appeal Dismissed. Charles E. Coulson, Lake County Prosecutor, 105 Main Street, P.O. Box 490, Painesville, OH 44077 (For Plaintiff-Appellee). Santiago A. Hernandez-Reynoso, pro se, PID: 474-743, Lake Erie Correctional Institution, P.O. Box 8000, Conneaut, OH, 44030-8000 (Defendant-Appellant). DIANE V. GRENDELL, J. {¶1} On September 13, 2005, appellant, Santiago A. Hernandez-Reynoso, filed a motion for leave to file a delayed appeal in this criminal matter. However, appellant failed to simultaneously file a notice of appeal as is required by App.R. 5(A). {¶2} The provisions of App.R. 5(A) are mandatory and jurisdictional. State v. Fisher (1975), 46 Ohio App.2d 279, 280. Accordingly, this court has no choice but to overrule appellant s motion for leave to file a delayed appeal. {¶3} We note that appellant is not precluded form filing another motion for leave to file a delayed appeal in addition to a proper notice of appeal that complies with all applicable appellate rules. {¶4} Appeal dismissed. CYNTHIA WESTCOTT RICE, J., COLLEEN MARY O TOOLE, J., concur. 2

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