State v. Chambers

[Cite as State v. Chambers, 

.]



                 IN THE COURT OF APPEALS OF OHIO
                           ELEVENTH APPELLATE DISTRICT
                                TRUMBULL COUNTY

STATE OF OHIO,                                   CASE NO. 2024-T-0068

                 Plaintiff-Appellee,
                                                 Criminal Appeal from the
        - vs -                                   Court of Common Pleas

GEORGE CHAMBERS,
                                                 Trial Court No. 2023 CR 00690
                 Defendant-Appellant.


                                       MEMORANDUM
                                         OPINION

                                     Decided: October 7, 2024
                                    Judgment: Appeal dismissed


Dennis Watkins, Trumbull County Prosecutor, and Ryan J. Sanders, Assistant
Prosecutor, Administration Building, Fourth Floor, 160 High Street, N.W., Warren, OH
44481 (For Plaintiff-Appellee).

George Chambers, pro se, PID# A812-340, London Correctional Institution, 1580 State
Route 56, S.W., P.O. Box 69, London, OH 43140 (Defendant-Appellant).


EUGENE A. LUCCI, P.J.

        {¶1}     On September 6, 2024, appellant, George Chambers, filed a pro se notice

of appeal from the trial court’s June 3, 2024 judgment of conviction and sentence. On

September 9, 2024, appellee, the State of Ohio, filed a motion to dismiss the appeal as

untimely. Appellant subsequently filed a “Motion for Leave to File Delayed Appeal” on

September 12, 2024. No response to appellant’s motion for leave has been filed.

        {¶2}     A timely notice of appeal from the trial court’s June 3, 2024 entry was due

no later than July 3, 2024, which was not a holiday or weekend. The appeal is untimely

by approximately 2 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}   App.R. 5(A)(1) states:

       {¶5}   “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}   App.R. 5(A)(2) further provides that “[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.” (Emphasis added.)

       {¶8}   In his motion for leave, appellant includes a list of “new evidence;” however,

he does not provide any reason for the two-month delay in filing his appeal. “Setting forth

one’s reasons for filing a late appeal is one of the primary requirements under App.R.

5(A).” State v. Tenney, 

, ¶ 9 (11th Dist.).

       {¶9}   Appellant has not complied with App.R. 5(A)(2) as his motion does not set

forth any reason for a delay in filing his appeal.

       {¶10} Accordingly, appellant’s motion for leave to file a delayed appeal is

overruled, and the appeal is hereby dismissed.



MARY JANE TRAPP, J.,

ROBERT J. PATTON, J.,

concur.

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Case No. 2024-T-0068