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State of Ohio v. Jason A. Gould

September 30, 2011

STATE OF OHIO, PLAINTIFF-APPELLEE,
v.
JASON A. GOULD, DEFENDANT-APPELLANT.



Criminal Appeal from the Court of Common Pleas, Case No. 06 CR 000306.

The opinion of the court was delivered by: Timothy P. Cannon, P.J.

Cite as State v. Gould,

MEMORANDUM OPINION

Judgment: Appeal dismissed.

{¶1} On July 1, 2011, appellant, Jason A. Gould, pro se, filed his notice of appeal from a February 22, 2010 judgment entry of the Lake County Court of Common Pleas.

{¶2} App.R. 4(A) states in part:

{¶3} "A party shall file the notice of appeal required by App.R. 3 within thirty days of the later of entry of the judgment or order appealed. ***"

{¶4} In this case, appellant's notice of appeal was due by Wednesday, March 24, 2010, which was not a holiday or a weekend. The notice of appeal was not filed until Friday, July 1, 2011. Thus, his appeal is untimely by approximately sixteen months.

{¶5} App.R. 5(A) states, in relevant part:

{¶6} "(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:

{¶7} "(a) Criminal proceedings;

{¶8} "(b) Delinquency proceedings; and

{¶9} "(c) Serious youthful offender proceedings.

{ΒΆ10} "(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 ...


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