Cleveland v. Abraitis

Ohio Court of Appeals

Cleveland v. Abraitis

765 N.E.2d 985, 146 Ohio App. 3d 306

Ohio Court of Appeals·Decided October 10, 2001·No. No. 78110.·Published

Opinion

JOURNAL ENTRY AND OPINION Sarunas Abraitis appeals from a final judgment of conviction entered on April 12, 2000. Appellant filed a motion for reconsideration on April 14, 2000, which the trial court denied on May 15, 2000. Subsequently, on May 31, 2000, appellant filed a notice of appeal.

A motion for reconsideration is not provided for in the Rules of Criminal Procedure and is therefore a nullity and does not suspend the time for filing a notice of appeal. Accord, e.g., In re Grand Jury (June 1, 1995), Washington App. No. 93CA09, 93CA10, 93CA12, unreported; State v. Marini (June 29, 1998), Tuscarawas App. Nos. 97 AP 020016 97 AP 120082, unreported; see, also, Pitts v. Dept. of Transportation (1981),67 Ohio St.2d 378, 379-381. Therefore, appellant has failed to file a timely notice of appeal pursuant to App.R. 4(A).

It is ordered that appellee recover of appellant costs herein taxed.

A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure.

JAMES D. SWEENEY, P.J., AND ANN DYKE, J., CONCUR. *Page 308

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JOURNAL ENTRY AND OPINION Sarunas Abraitis appeals from a final judgment of conviction entered on April 12, 2000. Appellant filed a motion for reconsideration on April 14, 2000, which the trial court denied on May 15, 2000. Subsequently, on May 31, 2000, appellant filed a notice of appeal.

A motion for reconsideration is not provided for in the Rules of Criminal Procedure and is therefore a nullity and does not suspend the time for filing a notice of appeal. Accord, e.g., In re Grand Jury (June 1, 1995), Washington App. No. 93CA09, 93CA10, 93CA12, unreported; State v. Marini (June 29, 1998), Tuscarawas App. Nos. 97 AP 020016 97 AP 120082, unreported; see, also, Pitts v. Dept. of Transportation (1981),67 Ohio St.2d 378, 379-381. Therefore, appellant has failed to file a timely notice of appeal pursuant to App.R. 4(A).

It is ordered that appellee recover of appellant costs herein taxed.

A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure.

JAMES D. SWEENEY, P.J., AND ANN DYKE, J., CONCUR. *Page 308

Cleveland v. Abraitis, 765 N.E.2d 985, 146 Ohio App. 3d 306 (Ohio Ct. App. 2001).

Pincite

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Opinion

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