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State v. $1885.00 in U.S. Currency

Court of Appeals of Ohio, Fifth District, Stark County
Jun 20, 2011
2011 Ohio 3038 (Ohio Ct. App. 2011)

Opinion

No. 2011-CA-00036.

DATE OF JUDGMENT ENTRY: June 20, 2011.

Civil appeal from the Stark County Court of Common Pleas, Case No. 09-MI-0131.

Dismissed.

John D. Ferrero, Stark County Prosecutor, By: Gerald T. Yost, for Plaintiff-Appellee.

Leisha Sherrell-Sims, Pro Se, for Defendant-Appellant.

Before: Hon. W. Scott Gwin, P.J. Hon. Julie A. Edwards, J. Hon. Patricia A. Delaney, J.


OPINION


{¶ 1} Leisha Sherrell-Sims appeals a judgment of the Court of Common Pleas of Stark County, Ohio, which found money seized by the North Canton police was the property of Johnny V. Brack, and ordered the money sent to the clerk of court to apply to amounts Brack owed on prior cases. Appellant shared a home with Brack. Brack was arrested on drug charges but acquitted; appellant was never charged with a crime.

{¶ 2} The court journalized its judgment on December 7, 2010. On January 27, 2011, the court issued a nunc pro tunc entry to correct a scrivener's error. On February 10, 2011, appellant filed her notice of appeal.

{¶ 3} App. R. 4 (A) provides a notice of appeal must be filed within 30 days from the entry of the judgment being appealed. The time requirement is jurisdictional, and this court has no jurisdiction to review an untimely appeal. Rundle v. Rundle (1997), 123 Ohio App. 3d 304, 305, 704 N.E. 2d 56, citations deleted.

{¶ 4} A nunc pro tunc order speaks as of the date of the original judgment, and does not extend the 30-day filing period for an appeal. Gold Touch, Inc. v. TJS Lab, Inc. (1998), 130 Ohio App. 3d 106, 719 N.E. 2d 629.

{¶ 5} We find we lack jurisdiction to review this judgment, and accordingly the appeal is dismissed.

Gwin, P.J., Edwards, J., and Delaney, J., concur.

JUDGMENT ENTRY

For the reasons stated in our accompanying Memorandum-Opinion, the appeal is dismissed for lack of jurisdiction.


Summaries of

State v. $1885.00 in U.S. Currency

Court of Appeals of Ohio, Fifth District, Stark County
Jun 20, 2011
2011 Ohio 3038 (Ohio Ct. App. 2011)
Case details for

State v. $1885.00 in U.S. Currency

Case Details

Full title:State of Ohio, Plaintiff-Appellee, v. $1885.00 In U.S. Currency (Criminal…

Court:Court of Appeals of Ohio, Fifth District, Stark County

Date published: Jun 20, 2011

Citations

2011 Ohio 3038 (Ohio Ct. App. 2011)