State v. Thompson, Unpublished Decision (8-21-2003)

Ohio Court of Appeals

State v. Thompson, Unpublished Decision (8-21-2003)

DecidedAugust 21, 2003

DocketNo. 82274.

StatusUnpublished

This text of State v. Thompson, Unpublished Decision (8-21-2003) (State v. Thompson, Unpublished Decision (8-21-2003)) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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State v. Thompson, Unpublished Decision (8-21-2003), (Ohio Ct. App. 2003).

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JOURNAL ENTRY AND OPINION. {¶ 1} Appellant Lamont Thompson, appeals his conviction and the sentence imposed by the common pleas court. A review of the record, however, reveals appellant's arguments are untimely presented and the appeal must be dismissed.

{¶ 2} Appellant was convicted and sentenced on October 22, 2001 under Case No. CR-406417. Appellant did not file a notice of appeal until January 6, 2003, well outside the time allowed by the appellate rules, nor did he file a motion for leave to file a delayed appeal.

{¶ 3} "Appellant filed neither a notice of appeal from the original order of sentence within the 30-day jurisdictional requirement set forth in App.R. 4(A), nor a motion for a delayed appeal pursuant to App.R. 5(A). Without a timely notice of appeal from the order challenged, this court lacks jurisdiction to consider it. State v. Slagle, Union App. No. 14-02-08, 2002 Ohio 6616; State v. Starcic (June 4, 1998), Cuyahoga App. No. 72742; State v. Roark (Dec. 4, 1990), Adams App. No. 502, citing In re Copley (1972), 29 Ohio St.2d 35, 278 N.E.2d 358.

{¶ 4} "Since the original order of sentence was a final appealable order, and appellant failed to appeal that order, this court cannot consider appellant's assignments of error. Id.; State v. Leaks (Oct. 18, 2001), Cuyahoga App. No. 78801; State v. Jackson (1997),123 Ohio App.3d 22, 702 N.E.2d 1229; cf., Village of Swanton v. Barker (Oct. 20, 2000), Fulton App. No. F-00-003; State v. Nickerson (June 12, 1997), Cuyahoga App. No. 70910; State v. Calvert (Mar. 4, 1993), Cuyahoga App. No. 64416." City of Cleveland v. Yashea Black (Aug. 7, 2003), Cuyahoga App. No. 82457, 2003-Ohio-4197.

{¶ 5} Accordingly, appellant's appeal is dismissed.

COLLEEN CONWAY COONEY, J., and ANTHONY O. CALABRESE, JR., J., concur.

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JOURNAL ENTRY AND OPINION. {¶ 1} Appellant Lamont Thompson, appeals his conviction and the sentence imposed by the common pleas court. A review of the record, however, reveals appellant's arguments are untimely presented and the appeal must be dismissed.

{¶ 2} Appellant was convicted and sentenced on October 22, 2001 under Case No. CR-406417. Appellant did not file a notice of appeal until January 6, 2003, well outside the time allowed by the appellate rules, nor did he file a motion for leave to file a delayed appeal.

{¶ 3} "Appellant filed neither a notice of appeal from the original order of sentence within the 30-day jurisdictional requirement set forth in App.R. 4(A), nor a motion for a delayed appeal pursuant to App.R. 5(A). Without a timely notice of appeal from the order challenged, this court lacks jurisdiction to consider it. State v. Slagle, Union App. No. 14-02-08, 2002 Ohio 6616; State v. Starcic (June 4, 1998), Cuyahoga App. No. 72742; State v. Roark (Dec. 4, 1990), Adams App. No. 502, citing In re Copley (1972), 29 Ohio St.2d 35, 278 N.E.2d 358.

{¶ 4} "Since the original order of sentence was a final appealable order, and appellant failed to appeal that order, this court cannot consider appellant's assignments of error. Id.; State v. Leaks (Oct. 18, 2001), Cuyahoga App. No. 78801; State v. Jackson (1997),123 Ohio App.3d 22, 702 N.E.2d 1229; cf., Village of Swanton v. Barker (Oct. 20, 2000), Fulton App. No. F-00-003; State v. Nickerson (June 12, 1997), Cuyahoga App. No. 70910; State v. Calvert (Mar. 4, 1993), Cuyahoga App. No. 64416." City of Cleveland v. Yashea Black (Aug. 7, 2003), Cuyahoga App. No. 82457, 2003-Ohio-4197.

{¶ 5} Accordingly, appellant's appeal is dismissed.

COLLEEN CONWAY COONEY, J., and ANTHONY O. CALABRESE, JR., J., concur.

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