State v. Campbell

2024 Ohio 5161

Opinion

[Cite as State v. Campbell, 2024-Ohio-5161.]

IN THE COURT OF APPEALS OF OHIO ELEVENTH APPELLATE DISTRICT PORTAGE COUNTY

STATE OF OHIO, CASE NO. 2024-P-0060

Plaintiff-Appellee, Criminal Appeal from the - vs - Court of Common Pleas

JEFFERY P. CAMPBELL, Trial Court No. 2023 CR 00515 Defendant-Appellant.

MEMORANDUM OPINION

Decided: October 28, 2024 Judgment: Appeal dismissed

Victor V. Vigluicci, Portage County Prosecutor, and Theresa M. Scahill, Assistant Prosecutor, 241 South Chestnut Street, Ravenna, OH 44266 (For Plaintiff-Appellee).

Jeffery P. Campbell, pro se, PID# A803-190, Belmont Correctional Institution, 68518 Bannock Road, P.O. Box 540, St. Clairsville, OH 43950 (Appellant-Defendant).

MATT LYNCH, J.

{¶1} On September 24, 2024, appellant, Jeffrey P. Campbell, filed a pro se notice

of appeal, motion for leave to file a delayed appeal pursuant to App.R. 5(A), and an

affidavit. On October 7, 2024, appellee, the State of Ohio, filed a response in opposition

to appellant’s motion for leave.

{¶2} Appellant seeks to appeal from the trial court’s August 9, 2023 judgment of

conviction and sentence. A timely notice of appeal from the trial court’s August 9, 2023 entry was due no later than September 8, 2023, which was not a holiday or weekend.

The appeal is untimely by more than one year.

{¶3} “[A] party who wishes to appeal from an order that is final upon its entry

shall file the notice of appeal required by App.R. 3 within 30 days of that entry.” App.R.

4(A)(1).

{¶4} App.R. 5(A)(1) states:

{¶5} “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} App.R. 5(A)(2) further provides that “[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.”

{¶8} In his motion for leave, as the reason for failing to file a timely appeal,

appellant indicates that he was not made aware of his appellate rights. He further states

in his affidavit, that he was not made aware of his appellate rights “in a timely manner.”

{¶9} In its opposition, appellee argues that appellant’s reason is not supported

by the record and references the August 10, 2023 “Written Plea of Guilty,” which includes

a section regarding appellate rights. We agree.

{¶10} The relevant portions of the plea include an acknowledgement that

appellant understood that he did not lose all of his rights to appeal by entering a plea of

guilty, and that any appeal in a criminal case must be filed within 30 days after sentencing.

Further, appellant acknowledged that the plea was either read by or read to him. The

Case No. 2024-P-0060 plea was also signed by appellant in open court on August 4, 2023, five days prior to

sentencing.

{¶11} Pursuant to the “Written Plea of Guilty,” appellant was advised of his

appellate rights. Therefore, we find that appellant has failed to set forth a valid reason for

filing the appeal more than one year after he was sentenced and well beyond the 30-day

time period prescribed in App.R. 4(A)(1).

{¶12} Accordingly, appellant’s motion for leave to file a delayed appeal is

overruled, and the appeal is hereby dismissed.

EUGENE A. LUCCI, P.J.,

ROBERT J. PATTON, J.,

concur.

Case No. 2024-P-0060