State v. Reyes

2023 Ohio 2119

• Court: Ohio Court of Appeals
• Decided: June 26, 2023
• Docket: 2023-P-0037
• Status: Published

Opinion

[Cite as State v. Reyes, 2023-Ohio-2119.]

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

STATE OF OHIO, CASE NO. 2023-P-0037

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

WALTER E. REYES, Trial Court No. 2009 CR 00623 Defendant-Appellant.

MEMORANDUM OPINION

Decided: June 26, 2023 Judgment: Appeal dismissed

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

Walter E. Reyes, pro se, PID# A590-238, Richland Correctional Institution, 1001 Olivesburg Road, P.O. Box 8107, Mansfield, OH 44905 (Defendant-Appellant).

EUGENE A. LUCCI, J.

{¶1} On May 31, 2023, appellant, Walter E. Reyes, pro se, filed a notice of appeal

from the trial court’s April 26, 2023 entry, which denied his motion for resentencing without

a hearing. A timely notice was due no later than May 26, 2023, which was not a holiday

or weekend. The appeal is untimely by five days.

{¶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.,

MARY JANE TRAPP, J.,

concur.

Case No. 2023-P-0037