State v. Watson
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[Cite as State v. Watson, 2015-Ohio-2904.] IN THE COURT OF APPEALS ELEVENTH APPELLATE DISTRICT TRUMBULL COUNTY, OHIO STATE OF OHIO, Plaintiff-Appellee, -vs- : : : KALEN WATSON, Defendant-Appellant. MEMORANDUM OPINION CASE NO. 2015-T-0066 : : Criminal Appeal from the Trumbull County Court of Common Pleas, Case No. 2005 CR 00830. Judgment: Appeal dismissed. Dennis Watkins, Trumbull County Prosecutor, Administration Building, Fourth Floor, 160 High Street, N.W., Warren, OH 44481-1092 (For Plaintiff-Appellee). Kalen Watson, pro se, PID: A521-107, Lake Erie Correctional Institution, P.O. Box 8000, 501 Thompson Road, Conneaut, OH 44030 (Defendant-Appellant). THOMAS R. WRIGHT, J. {¶1} On June 24, 2015, appellant, Kalen Watson, filed his notice of appeal, pro se, from the trial court’s May 22, 2015 judgment entry denying his motion for jail time credit. {¶2} App.R. 4(A)(1) states in part: {¶3} “[A] party who wishes to appeal from an order that is final upon its entry shall file the notice of appeal required by App.R. 3 within 30 days of that entry.” {¶4} In this case, appellant’s notice of appeal was due no later than June 22, 2015, which was not a holiday or a weekend. Since his notice of appeal was not filed until June 24, 2015, the appeal is untimely by two days. {¶5} App.R. 5(A) states, in relevant part: {¶6} “(1) After the expiration of the thirty day period provided by App.R. 4(A) for the filing of a notice of appeal as of right, an appeal may be taken by a defendant with leave of the court to which the appeal is taken in the following classes of cases: {¶7} “(a) Criminal proceedings; {¶8} “(b) Delinquency proceedings; and {¶9} “(c) Serious youthful offender proceedings. {¶10} “(2) A motion for leave to appeal shall be filed with the court of appeals and shall set forth the reasons for the failure of the appellant to perfect an appeal as of right. Concurrently with the filing of the motion, the movant shall file with the clerk of the trial court a notice of appeal in the form prescribed by App.R. 3 and shall file a copy of the notice of the appeal in the court of appeals. * * *” {¶11} In the present case, appellant has neither complied with the thirty-day rule set forth in App.R. 4(A) nor sought leave to appeal. Thus, this court is without jurisdiction to consider the appeal. Appellant has a remedy under App.R. 5(A) to file a delayed appeal from a criminal judgment. {¶12} Based upon the foregoing analysis, the appeal is hereby sua sponte dismissed as being untimely. {¶13} Appeal dismissed. TIMOTHY P. CANNON, P.J., COLLEEN MARY O’TOOLE, J., concur. 2
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