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State of Ohio v. Jarmel Latimer

October 14, 2011

STATE OF OHIO, PLAINTIFF-APPELLEE,
v.
JARMEL LATIMER, DEFENDANT-APPELLANT.



Criminal Appeal from the Court of Common Pleas, Case No. 2010 CR 0258.

The opinion of the court was delivered by: Mary Jane Trapp, J.,

Cite as State v. Latimer,

MEMORANDUM OPINION

Judgment: Appeal dismissed.

{¶1} On August 19, 2011, appellant, by and through counsel, filed a notice of appeal from a July 8, 2011 judgment entry of his conviction and sentence issued by the Portage County Court of Common Pleas.

{¶2} Attached to appellant's notice of appeal is an August 10, 2011 entry issued by the trial court which removes previously appointed counsel and appoints new counsel to represent appellant for purposes of appeal. In addition, the last paragraph of the entry states in relevant part:

{¶3} "IT IS HEREBY ORDERED due to the above circumstances a fifteen (15) day extension is granted to file notice of appeal.

{¶4} IT IS SO ORDERED."

{¶5} App.R. 4(A) states in part:

{¶6} "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. ***"

{¶7} In this case, appellant's notice of appeal was due by August 8, 2011. Since it was not filed until August 19, it is untimely by eleven days.

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

{ΒΆ9} "(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 ...


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