APPELLATE REVIEW - App.R. 4(A)(1) untimely criminal appeal has not sought leave to appeal under App.R. 5(A) appeal dismissed.
Decided 2023-03-13
[Cite as State v. Oscar,
2023-Ohio-768
.]
IN THE COURT OF APPEALS OF OHIO
ELEVENTH APPELLATE DISTRICT
LAKE COUNTY
STATE OF OHIO, CASE NO. 2023-L-015
Plaintiff-Appellee,
Criminal Appeal from the
- vs - Court of Common Pleas
KAMERON C. OSCAR,
Trial Court No. 2022 CR 000958
Defendant-Appellant.
MEMORANDUM
OPINION
Decided: March 13, 2023
Judgment: Appeal dismissed
Charles E. Coulson, Lake County Prosecutor, Lake County Administration Building, 105
Main Street, P.O. Box 490, Painesville, OH 44077 (For Plaintiff-Appellee).
Kameron C. Oscar, pro se, 142 Turner Drive, Chardon, OH 44024 (Defendant-Appellant).
MARY JANE TRAPP, J.
{¶1} On February 6, 2023, appellant, Kameron C. Oscar, pro se, filed a “Letter
of Intent to Appeal Convictions,” construed as a notice of appeal. A review of the docket
reflects that on October 31, 2022, after entering a plea of guilty, the trial court sentenced
appellant to serve 127 days in Lake County Jail on count one, attempted menacing by
stalking; and 67 days in Lake County Jail on count two, violating a protection order. The
court further ordered that appellant may be released prior to serving 127 days in jail by
entering N.E.O.C.A.P. and successfully completing the program.
{¶2} A timely notice of appeal from the October 31, 2022 entry was due no later
than November 30, 2022, which was not a holiday or weekend. The appeal is untimely
by over two months.
{¶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.” App.R.
4(A)(1).
{¶4} “(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:
{¶5} “(a) Criminal proceedings; …
{¶6} “(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.
….” App.R. 5(A).
{¶7} Appellant has neither complied with the thirty-day rule set forth in App.R.
4(A)(1) nor sought leave to appeal under App.R. 5(A). Thus, this court is without
jurisdiction to consider his appeal. Appellant has a remedy under App.R. 5(A) to file an
untimely criminal appeal.
{¶8} Appeal dismissed, sua sponte, as untimely.
JOHN J. EKLUND, P.J.,
MATT LYNCH, J.,
concur.
2
Case No. 2023-L-015
