State v. Wooten

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[Cite as State v. Wooten, 2015-Ohio-3646.] IN THE COURT OF APPEALS ELEVENTH APPELLATE DISTRICT ASHTABULA COUNTY, OHIO STATE OF OHIO, Plaintiff-Appellee, : MEMORANDUM OPINION : CASE NO. 2015-A-0038 - vs - : FLOYD WOOTEN, Defendant-Appellant. : : Criminal Appeal from the Ashtabula County Court of Common Pleas, Case No. 2011 CR 297 Judgment: Appeal dismissed. Nicholas A. Iarocci, Ashtabula County Prosecutor, and Shelley M. Pratt, Assistant Prosecutor, Ashtabula County Courthouse, 25 West Jefferson Street, Jefferson, OH 44047-1092 (For Plaintiff-Appellee). Floyd Wooten, pro se, PID: A624-882, Lake Erie Correctional Institution, P.O. Box 8000, Conneaut, OH 44030 (Defendant-Appellant). THOMAS R. WRIGHT, J. {¶1} This matter is before this court on appellant’s pro se notice of appeal filed July 29, 2015. On the notice, appellant indicates that he is appealing a July 2, 2015 “Sentencing Journal.” However, attached to his notice is the trial court’s July 2, 2013 “Judgment Entry of Re-Sentence.” The trial court docket confirms that the date of the sentencing order is July 2, 2013, and that there were no other sentencing orders issued after that date. {¶2} We note that an appeal from the July 2, 2013 sentencing order would be untimely pursuant to App.R. 4(A). However, in addition to being filed out of the 30-day time frame, this is a duplicate appeal of appellant’s previous appeal, State v. Wooten, 11th Dist. Ashtabula App. No. 2013-A-0044, 2014-Ohio-725, which was affirmed by this court on March 3, 2014. {¶3} Therefore, the appeal is hereby dismissed sua sponte, as being duplicative. {¶4} Appeal dismissed. TIMOTHY P. CANNON, P.J., CYNTHIA WESTCOTT RICE, J., concur. 2

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