APPELLATE REVIEW - App.R. 4(A)(1); untimely appeal; App.R. 5(A); motion for delayed appeal; fails to set forth valid reason for delay.
Decided 2024-10-28
[Cite as State v. Campbell,
2024-Ohio-5161
.]
IN THE COURT OF APPEALS OF OHIO
ELEVENTH APPELLATE DISTRICT
PORTAGE COUNTY
STATE OF OHIO, CASE NO. 2024-P-0060
Plaintiff-Appellee,
Criminal Appeal from the
- vs - Court of Common Pleas
JEFFERY P. CAMPBELL,
Trial Court No. 2023 CR 00515
Defendant-Appellant.
MEMORANDUM
OPINION
Decided: October 28, 2024
Judgment: Appeal dismissed
Victor V. Vigluicci, Portage County Prosecutor, and Theresa M. Scahill, Assistant
Prosecutor, 241 South Chestnut Street, Ravenna, OH 44266 (For Plaintiff-Appellee).
Jeffery P. Campbell, pro se, PID# A803-190, Belmont Correctional Institution, 68518
Bannock Road, P.O. Box 540, St. Clairsville, OH 43950 (Appellant-Defendant).
MATT LYNCH, J.
{¶1} On September 24, 2024, appellant, Jeffrey P. Campbell, filed a pro se notice
of appeal, motion for leave to file a delayed appeal pursuant to App.R. 5(A), and an
affidavit. On October 7, 2024, appellee, the State of Ohio, filed a response in opposition
to appellant’s motion for leave.
{¶2} Appellant seeks to appeal from the trial court’s August 9, 2023 judgment of
conviction and sentence. A timely notice of appeal from the trial court’s August 9, 2023
entry was due no later than September 8, 2023, which was not a holiday or weekend.
The appeal is untimely by more than one year.
{¶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.”
{¶8} In his motion for leave, as the reason for failing to file a timely appeal,
appellant indicates that he was not made aware of his appellate rights. He further states
in his affidavit, that he was not made aware of his appellate rights “in a timely manner.”
{¶9} In its opposition, appellee argues that appellant’s reason is not supported
by the record and references the August 10, 2023 “Written Plea of Guilty,” which includes
a section regarding appellate rights. We agree.
{¶10} The relevant portions of the plea include an acknowledgement that
appellant understood that he did not lose all of his rights to appeal by entering a plea of
guilty, and that any appeal in a criminal case must be filed within 30 days after sentencing.
Further, appellant acknowledged that the plea was either read by or read to him. The
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plea was also signed by appellant in open court on August 4, 2023, five days prior to
sentencing.
{¶11} Pursuant to the “Written Plea of Guilty,” appellant was advised of his
appellate rights. Therefore, we find that appellant has failed to set forth a valid reason for
filing the appeal more than one year after he was sentenced and well beyond the 30-day
time period prescribed in App.R. 4(A)(1).
{¶12} Accordingly, appellant’s motion for leave to file a delayed appeal is
overruled, and the appeal is hereby dismissed.
EUGENE A. LUCCI, P.J.,
ROBERT J. PATTON, J.,
concur.
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