State v. $1,885 in United States Currency

2011 Ohio 3038

Opinion

COURT OF APPEALS

STARK COUNTY, OHIO

FIFTH APPELLATE DISTRICT

JUDGES:

STATE OF OHIO : Hon. W. Scott Gwin, P.J.

: Hon. Julie A. Edwards, J.

Plaintiff-Appellee : Hon. Patricia A. Delaney, J.

:

-vs- :

: Case No. 2011-CA-00036 $1885.00 IN U.S. CURRENCY : (Criminal Case No. 2009-CR-0437 : Johnny Brack) : OPINION Defendant-Appellant

CHARACTER OF PROCEEDING: Civil appeal from the Stark County Court of Common Pleas, Case No. 09-MI-0131

JUDGMENT: Dismissed DATE OF JUDGMENT ENTRY: June 20, 2011 APPEARANCES: For Plaintiff-Appellee For Defendant-Appellant

JOHN D. FERRERO LEISHA SHERRELL-SIMS, PRO SE STARK COUNTY PROSECUTOR 919 Sandal Place N.E. BY: GERALD T. YOST Canton, OH 44704 110 Central Plaza S., Ste 510 Canton, OH 44702

Gwin, P.J.

{¶1} Leisha Sherrell-Sims appeals a judgment of the Court of Common Pleas of Stark County, Ohio, which found money seized by the North Canton police was the property of Johnny V. Brack, and ordered the money sent to the clerk of court to apply to amounts Brack owed on prior cases. Appellant shared a home with Brack. Brack was arrested on drug charges but acquitted; appellant was never charged with a crime.

{¶2} The court journalized its judgment on December 7, 2010. On January 27, 2011, the court issued a nunc pro tunc entry to correct a scrivener’s error. On February 10, 2011, appellant filed her notice of appeal.

{¶3} App. R. 4 (A) provides a notice of appeal must be filed within 30 days from the entry of the judgment being appealed. The time requirement is jurisdictional, and this court has no jurisdiction to review an untimely appeal. Rundle v. Rundle (1997), 123 Ohio App. 3d 304, 305, 704 N.E. 2d 56, citations deleted.

{¶4} A nunc pro tunc order speaks as of the date of the original judgment, and does not extend the 30-day filing period for an appeal. Gold Touch, Inc. v. TJS Lab, Inc. (1998), 130 Ohio App. 3d 106, 719 N.E. 2d 629.

Stark County, Case No. 2011-CA-00036 3

{¶5} We find we lack jurisdiction to review this judgment, and accordingly the appeal is dismissed. By Gwin, P.J., Edwards, J., and Delaney, J., concur

_________________________________

HON. W. SCOTT GWIN

_________________________________

HON. JULIE A. EDWARDS

_________________________________

PATRICIA A. DELANEY

WSG:clw 0516

IN THE COURT OF APPEALS FOR STARK COUNTY, OHIO FIFTH APPELLATE DISTRICT

STATE OF OHIO :

:

Plaintiff-Appellee :

:

:

-vs- : JUDGMENT ENTRY :

$1885.00 IN U.S. CURRENCY : (Criminal Case No. 2009-CR-0437 Johnny Brack) :

:

Defendant-Appellant : CASE NO. 2011-CA-00036

For the reasons stated in our accompanying Memorandum-Opinion, the appeal is dismissed for lack of jurisdiction.

_________________________________

HON. W. SCOTT GWIN

_________________________________

HON. JULIE A. EDWARDS

_________________________________

PATRICIA A. DELANEY