State v. $1,885 in United States Currency

2011 Ohio 3038

• Court: Ohio Court of Appeals
• Decided: June 20, 2011
• Docket: 2011-CA-00036
• Status: Published

Opinion

[Cite as State v. $1,885 in United States Currency, 2011-Ohio-3038.]

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 [Cite as State v. $1,885 in United States Currency, 2011-Ohio-3038.]

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 [Cite as State v. $1,885 in United States Currency, 2011-Ohio-3038.]

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.