State v. Van Kell

Full title: STATE OF OHIO, Plaintiff-Appellee, v. JAMES M. VAN KELL…

Court: COURT OF APPEALS ELEVENTH APPELLATE DISTRICT LAKE COUNTY, OHIO

Date published: Jan 19, 2021

2021 Ohio 109 (Ohio Ct. App. 2021)

Opinion

CASE NO. 2020-L-126

01-19-2021

STATE OF OHIO, Plaintiff-Appellee, v. JAMES M. VAN KELL, Defendant-Appellant.

Charles E. Coulson, Lake County Prosecutor, Lake County Administration Building, 105 Main Street, P.O. Box 490, Painesville, OH 44077 (For Plaintiff-Appellee). James M. Van Kell, pro se, PID# A770-631, Trumbull Correctional Institution, 5701 Burnett Road, P.O. Box 640, Leavittsburg, OH 44430 (Defendant-Appellant).

THOMAS R. WRIGHT, J.

MEMORANDUM OPINION

Criminal Appeal from the Court of Common Pleas, Case No. 2018 CR 000672. Judgment: Appeal dismissed. Charles E. Coulson, Lake County Prosecutor, Lake County Administration Building, 105 Main Street, P.O. Box 490, Painesville, OH 44077 (For Plaintiff-Appellee). James M. Van Kell, pro se, PID# A770-631, Trumbull Correctional Institution, 5701 Burnett Road, P.O. Box 640, Leavittsburg, OH 44430 (Defendant-Appellant). THOMAS R. WRIGHT, J.

{¶1} On December 21, 2020, appellant, James M. Van Kell, pro se, filed a notice of appeal from the trial court's November 14, 2019 sentencing entry, which he attached to his notice. A timely notice was due no later than December 16, 2019, which was not a holiday or weekend. The appeal is untimely by over a year.

{¶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. MARY JANE TRAPP, P.J., MATT LYNCH, J., concur.