State v. Sferra

2024 Ohio 1212

• Court: Ohio Court of Appeals
• Decided: March 29, 2024
• Docket: 2024-L-010, 2024-L-011, 2024-L-012, 2024-L-013, 2024-L-014, 2024-L-015
• Status: Published

Opinion

[Cite as State v. Sferra, 2024-Ohio-1212.]

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

STATE OF OHIO, CASE NOS. 2024-L-010 CITY OF PAINESVILLE, 2024-L-011 2024-L-012 Plaintiff-Appellee, 2024-L-013 2024-L-014 - vs - 2024-L-015

MATTHEW L. SFERRA, Criminal Appeals from the Painesville Municipal Court Defendant-Appellant.

Trial Court Nos. 2021 TRD 00249 A-C 2021 TRD 00250 A-C

MEMORANDUM OPINION

Decided: March 29, 2024 Judgment: Appeals dismissed

Ron M. Graham, Painesville City Prosecutor, 521 Malvern Drive, Painesville, OH 44077 (For Plaintiff-Appellee).

Gabrielle M. Ploplis, 2800 Euclid Avenue, Suite 620, Cleveland, OH 44115 (For Defendant-Appellant).

EUGENE A. LUCCI, P.J.

{¶1} This matter is before this court for consideration of appellant’s February 20,

2024 motions for delayed appeal pursuant to App.R. 5(A). Appellant filed his notices of

appeal in the trial court on February 19, 2024.

{¶2} Appellant appeals his April 20, 2021 convictions and sentences from the

underlying cases. {¶3} Timely notices of appeal from the entries were due no later than May 20,

2021, which was not a weekend or a holiday. Thus, the appeals are untimely by

approximately two years and nine months.

{¶4} No brief or memorandum in opposition to appellant’s motion has been filed.

{¶5} App.R. 4(A)(1) states, in part:

{¶6} “* * * [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 thirty days of that entry.”

{¶7} App.R. 5(A) provides:

{¶8} “(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:

{¶9} “(a) Criminal proceedings;

{¶10} “(b) Delinquency proceedings; and

{¶11} “(c) Serious youthful offender proceedings.

{¶12} “(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.

Concurrently with the filing of the motion, the movant shall file with the clerk of the trial

court a notice of appeal in the form prescribed by App.R. 3 and shall file a copy of the

notice of the appeal in the court of appeals.”

{¶13} In his motions, appellant sets forth the events that occurred from his

conviction and sentence until the filing of his current appeals, including his previous

appeals from the trial court’s denial of his post-judgment motion to withdraw his guilty plea

that were dismissed by this court for failure to prosecute on August 22, 2022. Additionally,

Case Nos. 2024-L-010, 2024-L-011, 2024-L-012, 2024-L-013, 2024-L-014, 2024-L-015 appellant discusses issues in the trial court during his bench trial and ineffective

assistance of trial counsel.

{¶14} One of the main requirements in App.R. 5(A) is that an appellant set forth

in his motion the reasons for filing an untimely appeal. Here, appellant’s motions set forth

a timeline since his convictions but fail to actually state the reasons for the delay and what

prevented him from filing timely appeals.

{¶15} Accordingly, appellant’s motions are overruled.

{¶16} Appeals dismissed.

MATT LYNCH, J.,

ROBERT J. PATTON, J.,

concur.

Case Nos. 2024-L-010, 2024-L-011, 2024-L-012, 2024-L-013, 2024-L-014, 2024-L-015