State v. Rubadue, Unpublished Decision (7-18-2005)

2005 Ohio 3679

Opinion

OPINION {¶ 1} This is an appeal from the Common Pleas Court of Licking County after a no-contest plea was entered by Appellant as to a charge of forgery (R.C. 2913.31(A)(3)).

STATEMENT OF THE FACTS AND CASE {¶ 2} The sentence imposed after such plea and finding of guilt was three years community control with conditions. A violation resulted, stipulated to by Appellant and re-sentence resulted in five years community control and six months incarceration.

{¶ 3} The following Assignment of Error is submitted:

ASSIGNMENT OF ERROR {¶ 4} "I. The trial court erred by accepting appellant's no contest plea, as it was not voluntarily made."

I. {¶ 5} The Assignment of Error is attempting to collaterally attack the judgment of the court in accepting the no contest plea by an appeal from the sentence of the court following a probation violation.

{¶ 6} The no contest plea was entered on August 5, 2004.

{¶ 7} This appeal incorrectly attempts to relate the plea to the January 19, 2005 sentence.

{¶ 8} Pursuant to Appellate Rule 4(A), this Court lacks jurisdiction to review this appeal as it was filed beyond the applicable time.

{¶ 9} This cause is dismissed at Appellant's costs.

Boggins, P.J., Hoffman, J. and Farmer, J. concur.

JUDGMENT ENTRY For the reasons stated in our accompanying Memorandum-Opinion on file, the judgment of the Court of Common Pleas of Licking, Ohio, is dismissed. Costs assessed to Appellant.