State v. Hughell

2023 Ohio 417

Opinion

[Cite as State v. Hughell, 2023-Ohio-417.]

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

STATE OF OHIO, CASE NO. 2023-A-0003

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

SCOTT MATTHEW HUGHELL, Trial Court No. 2022 CR 00303 Defendant-Appellant.

MEMORANDUM OPINION

Decided: February 13, 2023 Judgment: Appeal dismissed

Colleen M. O’Toole, Ashtabula County Prosecutor, 25 West Jefferson Street, Jefferson, OH 44047 (For Plaintiff-Appellee).

Scott Matthew Hughell, pro se, NEOCAP, 411 Pine Avenue, S.E., Warren, OH 44483 (Defendant-Appellant)

MARY JANE TRAPP, J.

{¶1} On January 10, 2023, appellant, Scott Matthew Hughell, pro se, filed a

notice of appeal from the trial court’s October 27, 2022 sentencing entry. A timely notice

was due no later than November 28, 2022, which was not a holiday or weekend. The

appeal is untimely by approximately one and one-half months.

{¶2} “* * * [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). {¶3} “(1) 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:

{¶4} “(a) Criminal proceedings; * * *

{¶5} “(2) 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.

* * *.” App.R. 5(A).

{¶6} Appellant has neither complied with the thirty-day rule set forth in App.R.

4(A)(1) nor sought leave to appeal under App.R. 5(A). Thus, this court is without

jurisdiction to consider his appeal. Appellant has a remedy of filing an untimely criminal

appeal under App.R. 5(A).

{¶7} Appeal dismissed, sua sponte, as untimely.

JOHN J. EKLUND, P.J.,

MATT LYNCH, J.,

concur.

Case No. 2023-A-0003