APPELLATE REVIEW - App.R. 3(A) App.R. 4(A) criminal proceedings notice of appeal to be filed within 30 days of final, appealable order App.R. 14(A) computation of time App.R. 5(A) leave to file a delayed appeal.
Decided 2024-08-19
[Cite as State v. Jackson,
2024-Ohio-3151
.]
IN THE COURT OF APPEALS OF OHIO
ELEVENTH APPELLATE DISTRICT
ASHTABULA COUNTY
STATE OF OHIO, CASE NOS. 2024-A-0022
2024-A-0023
Plaintiff-Appellee,
Criminal Appeals from the
- vs - Court of Common Pleas
LORENZO DEANDRE JACKSON,
Trial Court Nos. 2022 CR 00484
Defendant-Appellant. 2022 CR 00486
MEMORANDUM
OPINION
Decided: August 19, 2024
Judgment: Appeals dismissed
Colleen M. O’Toole, Ashtabula County Prosecutor, 25 West Jefferson Street, Jefferson,
OH 44047 (For Plaintiff-Appellee).
Sean P. Martin, 113 North Chestnut Street, Suite A, Jefferson, OH 44047 (For
Defendant-Appellant).
EUGENE A. LUCCI, P.J.
{¶1} On February 21, 2024, appellant, Lorenzo Deandre Jackson, filed notices
of appeal from the trial court’s January 18, 2024 sentencing entries imposed in two
separate cases. Thereafter, this court consolidated the appeals for all purposes. For the
reasons that follow, the appeals are dismissed.
{¶2} Pursuant to App.R. 3(A), “An appeal as of right shall be taken by filing a
notice of appeal with the clerk of the trial court within the time allowed by Rule 4.” App.R.
4(A), in turn, provides, “Subject to the provisions of App.R. 4(A)(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). The provisions of App.R. 4(A)(3)
pertain to a clerk’s delay in a civil case and are thus inapplicable to the present appeals.
{¶3} Pursuant to App.R. 14(A):
In computing any period of time prescribed or allowed by
these rules, by the local rules of any court, by an order of court
or by any applicable statute, the day of the act, event or
default from which the designated period of time begins to run
shall not be included. The last day of the period so computed
shall be included, unless it is a Saturday, Sunday or a legal
holiday, in which event the period runs until the end of the next
day which is not a Saturday, Sunday or a legal holiday. When
the period of time prescribed or allowed is less than seven
days, intermediate Saturdays, Sundays and legal holidays
shall be excluded in the computation.
{¶4} Calculating the time for noticing the present appeals pursuant to these rules,
30 days from the January 18, 2024 sentencing entries fell on Saturday, February 17,
2024. President’s Day was observed on the following Monday, February 19, 2024.
Therefore, Jackson’s notices of appeal were required to be filed on or before February
20, 2024. His notices of appeal reflect a filing date with the trial court clerk of February
21, 2024, and are thus untimely by one day.
{¶5} Pursuant to App.R. 5(A), a defendant may move to file a delayed appeal
subject to the following provisions:
(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:
(a) Criminal proceedings;
...
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Case Nos. 2024-A-0022 and 2024-A-0023
(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. The movant also shall furnish an additional
copy of the notice of appeal and a copy of the motion for leave
to appeal to the clerk of the court of appeals who shall serve
the notice of appeal and the motions upon the prosecuting
attorney.
{¶6} Here, Jackson 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. Jackson is not precluded from hereafter moving for a
delayed appeal under App.R. 5(A).
{¶7} Accordingly, the appeals are dismissed, sua sponte, as untimely.
JOHN J. EKLUND, J.,
ROBERT J. PATTON, J.,
concur.
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Case Nos. 2024-A-0022 and 2024-A-0023
