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State of Ohio v. Sam J. Talameh

October 21, 2011

STATE OF OHIO, PLAINTIFF-APPELLEE,
v.
SAM J. TALAMEH, DEFENDANT-APPELLANT.



Criminal Appeal from the Municipal Court, Ravenna Division, Case No. R2003 CRB 65

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

Cite as

State v. Talameh,

MEMORANDUM OPINION

Judgment: Appeal dismissed.

{¶1} On August 26, 2011, appellant, by and through counsel, filed a notice of appeal from a July 26, 2011 trial court entry denying his motion for an expungement. An appeal of that entry was due no later than August 25, 2011. Thus, the appeal is untimely by one day.

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

{¶5} "(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:

{¶6} "(a) Criminal proceedings;

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

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

{ΒΆ9} "(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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