APPELLATE REVIEW – App.R. 4(A)(1); untimely criminal appeal; has not sought leave to appeal under App.R. 5(A); appeal dismissed.
Decided 2025-08-18
[Cite as State v. Bumbico,
2025-Ohio-2933
.]
IN THE COURT OF APPEALS OF OHIO
ELEVENTH APPELLATE DISTRICT
TRUMBULL COUNTY
STATE OF OHIO, CASE NO. 2025-T-0036
Plaintiff-Appellee,
Criminal Appeal from the
- vs - Court of Common Pleas
LARRY BUMBICO,
Trial Court No. 2024 CR 00419
Defendant-Appellant.
MEMORANDUM OPINION AND JUDGMENT ENTRY
Decided: August 18, 2025
Judgment: Appeal dismissed
Dennis Watkins, Trumbull County Prosecutor, Administration Building, Fourth Floor, 160
High Street, N.W., Warren, OH 44481 (For Plaintiff-Appellee).
Larry Bumbico, pro se, PID# A822-576, Correctional Reception Center, 11271 State
Route 762, Orient, OH 43146 (Defendant-Appellant).
SCOTT LYNCH, J.
{¶1} On May 28, 2025, appellant, Larry Bumbico, filed a pro se notice of appeal
from the trial court’s April 24, 2025 sentencing entry. A timely notice was due no later than
May 27, 2025, which was not a holiday or weekend. The appeal is untimely by one day.
{¶2} “[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).
{¶3} App.R. 5(A)(1) states:
{¶4} “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} 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.”
{¶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 the appeal. Appellant has a remedy of filing an untimely criminal
appeal under App.R. 5(A).
{¶8} Accordingly, this appeal is hereby dismissed, sua sponte, as untimely.
JOHN J. EKLUND, J.,
EUGENE A. LUCCI, J.,
concur.
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Case No. 2025-T-0036
JUDGMENT ENTRY
For the reasons stated in the memorandum opinion of this court, it is ordered that
this appeal is hereby dismissed, sua sponte, as untimely.
Any pending motions are hereby overruled as moot.
Costs shall be taxed against appellant.
JUDGE SCOTT LYNCH
JUDGE JOHN J. EKLUND,
concurs
JUDGE EUGENE A. LUCCI,
concurs
THIS DOCUMENT CONSTITUTES A FINAL JUDGMENT ENTRY
A certified copy of this opinion and judgment entry shall constitute the mandate
pursuant to Rule 27 of the Ohio Rules of Appellate Procedure.
PAGE 3 OF 3
Case No. 2025-T-0036
