State v. Gaspare

2024 Ohio 636

• Court: Ohio Court of Appeals
• Decided: February 20, 2024
• Docket: 2024-G-0006
• Status: Published

Opinion

[Cite as State v. Gaspare, 2024-Ohio-636.]

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

STATE OF OHIO, CASE NO. 2024-G-0006

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

GEORGE J. GASPARE, Trial Court No. 2022 C 000253 Defendant-Appellant.

MEMORANDUM OPINION

Decided: February 20, 2024 Judgment: Appeal dismissed

James R. Flaiz, Geauga County Prosecutor, Courthouse Annex, 231 Main Street, Suite 3A, Chardon, OH 44024 (For Plaintiff-Appellee).

George J. Gaspare, pro se, PID# A810-053, Lake Erie Correctional Institution, 501 Thompson Road, P.O. Box 8000, Conneaut, OH 44030 (Defendant-Appellant).

MATT LYNCH, J.

{¶1} On January 19, 2024, appellant, George J. Gaspare, pro se, appealed the

trial court’s December 19, 2023 sentencing entry. A timely notice was due January 18,

2024, which was not a holiday or weekend.

{¶2} Thus, the appeal is untimely filed by one day. In addition, there is already

a timely appeal from the December 19, 2023 entry presently before this court in 11th Dist.

Geauga No. 2024-G-0004, which would make this a duplicate appeal. {¶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} This appeal is dismissed, sua sponte, as untimely and as a duplicate

appeal.

MARY JANE TRAPP, J.,

JOHN J. EKLUND, J.,

concur.

Case No. 2024-G-0006