APPELLATE REVIEW - App.R. 4(A)(1) untimely criminal appeals has not sought leave to appeal under App.R. 5(A) appeals dismissed.
Decided 2023-03-13
[Cite as State v. Oscar,
2023-Ohio-769
.]
IN THE COURT OF APPEALS OF OHIO
ELEVENTH APPELLATE DISTRICT
LAKE COUNTY
STATE OF OHIO, CASE NOS. 2023-L-016
CITY OF PAINESVILLE, 2023-L-017
2023-L-026
Plaintiff-Appellee,
Criminal Appeals from the
- vs - Painesville Municipal Court
KAMERON CHARLES OSCAR,
Trial Court Nos. 2022 CRB 01178
Defendant-Appellant. 2022 CRB 01247A
2022 CRB 01247B
MEMORANDUM
OPINION
Decided: March 13, 2023
Judgment: Appeals dismissed
Ron M. Graham, Painesville City Prosecutor, 521 Malvern Drive, Painesville, OH 44077
(For Plaintiff-Appellee).
Kameron Charles Oscar, pro se, 142 Turner Drive, Chardon, OH 44024 (Defendant-Appellant).
MATT LYNCH, 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, in the appeals. A review
of the dockets reflect that on October 28, 2022, after entering a plea of guilty to violating
a protection order, the trial court sentenced appellant to serve 120 days, concurrently with
his common pleas cases, in the Lake County Jail.
{¶2} Timely notices of appeal from the October 28, 2022 entries were due no
later than November 28, 2022, which was not a holiday or weekend. The appeals are
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 appeals. Appellant has a remedy of filing an untimely criminal
appeal under App.R. 5(A).
{¶8} Appeals dismissed, sua sponte, as untimely.
JOHN J. EKLUND, P.J.,
EUGENE A. LUCCI, J.,
concur.
2
Case Nos. 2023-L-016, 2023-L-017, 2023-L-026
