State v. James

2022 Ohio 4692

Opinion

[Cite as State v. James, 2022-Ohio-4692.]

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

STATE OF OHIO, CASE NO. 2022-T-0110

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

KEMARI D. JAMES, Trial Court No. 2022 CR 00329 Defendant-Appellant.

MEMORANDUM OPINION

Decided: December 27, 2022 Judgment: Appeal dismissed

Dennis Watkins, Trumbull County Prosecutor, Administration Building, Fourth Floor, 160 High Street, N.W., Warren, OH 44481 (For Plaintiff-Appellee).

Walter T. Madison, 137 South Main Street, Suite 201, Akron, OH 44308 (For Defendant- Appellant).

MATT LYNCH, J.

{¶1} On November 28, 2022, appellant, through counsel, filed a notice of appeal

from the trial court’s October 24, 2022 sentencing entry. A timely notice was due no later

than November 23, 2022, which was not a holiday or weekend.

{¶2} The appeal is untimely and is a duplicate filing of a timely appeal filed by

appellant in appellate case no. 2022-T-0107, which is pending with this court. {¶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.

JOHN J. EKLUND, P.J.,

MARY JANE TRAPP, J.,

concur.

Case No. 2022-T-0110