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IN THE COURT OF APPEALS OF OHIO
ELEVENTH APPELLATE DISTRICT
TRUMBULL COUNTY
STATE OF OHIO, CASE NO. 2024-T-0058
Plaintiff-Appellee,
Civil Appeal from the
- vs - Court of Common Pleas
COREY D. HOFFMAN,
Trial Court No. 2021 CR 00911
Defendant-Appellant.
MEMORANDUM
OPINION
Decided: September 3, 2024
Judgment: Appeal dismissed
Dennis Watkins, Trumbull County Prosecutor, Administration Building, Fourth Floor, 160
High Street, N.W., Warren, OH 44481 (For Plaintiff-Appellee).
John B. Juhasz, 7081 West Boulevard, Suite 4, Youngstown, OH 44512 (For Defendant-Appellant).
MARY JANE TRAPP, J.
{¶1} On July 26, 2024, appellant, Corey D. Hoffman, through counsel, filed a
notice of appeal from the trial court’s June 24, 2024 judgment entry dismissing appellant’s
petition for postconviction relief.
{¶2} App.R. 4(A)(1) states that “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.”
{¶3} Furthermore, postconviction proceedings are considered civil in nature.
State v. Nichols,
(1984); see also State v. Jones, 2021-Ohio-
1696, ¶ 6 (11th Dist.).
{¶4} App.R. 4(A)(3) states, in relevant part:
{¶5} “In a civil case, if the clerk has not completed service of notice of the
judgment within the three-day period prescribed in Civ.R. 58(B), the 30-day periods
referenced in App.R. 4(A)(1) and 4(A)(2) begin to run on the date when the clerk actually
completes service.”
{¶6} Here, there is a notation on the docket reflecting the clerk mailed a copy of
the June 24, 2024 entry to appellant, care of counsel, on June 24, 2024, which is within
the three-day period prescribed in Civ.R. 58(B). Therefore, a timely notice of appeal from
the June 24, 2024 entry was due no later than July 24, 2024, which was not a holiday or
weekend. The appeal is untimely by two days. The time requirement for filing a notice
of appeal is jurisdictional in nature and may not be enlarged by an appellate court. State
ex rel. Pendell v. Adams Cty. Bd. of Elections,
(1988); see also
App.R. 14(B).
{¶7} Accordingly, this appeal is dismissed, sua sponte, as untimely.
MATT LYNCH, J.,
JOHN J. EKLUND, J.,
concur.
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Case No. 2024-T-0058
