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IN THE COURT OF APPEALS OF OHIO
ELEVENTH APPELLATE DISTRICT
LAKE COUNTY
STATE OF OHIO, CASE NO. 2021-L-052
Plaintiff-Appellee,
Criminal Appeal from the
-v- Court of Common Pleas
RICKY LEE MOODY, JR.,
Trial Court No. 2018 CR 000866
Defendant-Appellant.
MEMORANDUM
OPINION
Decided: June 7, 2021
Judgment: Appeal Dismissed
Charles Coulson, Lake County Prosecutor, Lake County Administration Building, 105
Main Street, P.O. Box 490, Painesville, OH 44077 (For Plaintiff-Appellee).
Ricky Lee Moody, Jr., pro se, PID#: A770-961, Grafton Correctional Institution, 2500
South Avon-Belden Road, Grafton, OH 44044 (Defendant-Appellant).
MATT LYNCH, J.
{¶1} On April 28, 2021, appellant, pro se, filed a notice of appeal and motion for
leave to file a delayed appeal. Appellant appeals from the trial court’s March 20, 2020
entry sentencing him to serve five years in prison, concurrently with the Summit County
sentences he is presently serving, after he entered a plea of guilty to aggravated
possession of drugs.
{¶2} A timely notice of appeal was due no later than April 20, 2020, which was
not a weekend or a holiday, so the appeal is untimely.
{¶3} No brief or response in opposition to the motion has been filed.
{¶4} App.R. 5(A) provides, in relevant part:
{¶5} “(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:
{¶6} “(a) Criminal proceedings;
{¶7} “(b) Delinquency proceedings; and
{¶8} “(c) Serious youthful offender proceedings.
{¶9} “(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.
….”
{¶10} As reasons for the delay in filing his appeal, appellant indicates: 1) he was
“never in receipt of [his] sentencing journal entry from [his] lower court case,” and he was
not notified of his right to appeal and for appointment of counsel; 2) since arriving at the
prison, he has not had access to the law library to file a timely appeal; and 3) the law
librarian could not retrieve a digital copy of the sentencing entry online from the [Lake]
County website, and he had to wait for family and friends to go to the clerk’s office to get
a copy of the entry to mail to him.
{¶11} A review of the trial court record shows that in the past year, between the
time of appellant’s sentence and his present notice of appeal, appellant filed three pro se
motions for jail time credit and a motion for reconsideration with the trial court.
{¶12} Not only is appellant’s reason of not having his sentencing entry available
not convincing, but his other reasons fail to justify the delay in filing his appeal.
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{¶13} Thus, it is ordered that appellant’s motion for leave to file a delayed appeal
is overruled, and the appeal is dismissed.
MARY JANE TRAPP, P.J.,
CYNTHIA WESTCOTT RICE, J.,
concur.
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