State v. Blackwood

Full title: State of Ohio, Plaintiff-appellee, v. Gervase Blackwood…

Court: Court of Appeals of Ohio, Eighth District, Cuyahoga County

Date published: Apr 29, 2004

2004 Ohio 2160 (Ohio Ct. App. 2004)

Opinion

Case No. 83208.

DATE OF ANNOUNCEMENT OF DECISION: April 29, 2004.

Criminal appeal from the Court of Common Pleas, Case No. CR-420375.

Dismissed.

For Plaintiff-Appellee William D. Mason, Esq., Cuyahoga County Prosecutor BY: Kristen Lusnia, Esq., Asst. County Prosecutor, 1200 Ontario Street, Cleveland, Ohio 44113.

Gervase Blackwood, Pro se, River Correctional Inst., 26262 Hwy. 15, Ferriday, LA 71334, for Defendant-Appellant.

JOURNAL ENTRY AND OPINION

ANN DYKE, JUDGE.

{¶ 1} Defendant-appellant Gervase Blackwood ("appellant") appeals from the judgment of the trial court which denied his motion to reconsider the denial of his motion to withdraw his guilty plea. For the reasons set forth below, we dismiss the instant appeal as untimely.

{¶ 2} On August 14, 2002, appellant pled guilty to drug trafficking in violation of R.C. 2925.03 with a juvenile offender specification. The remaining counts were nolled. The court accepted appellant's guilty plea and on September 24, 2002, sentenced him accordingly. In March of 2003, appellant filed a motion to withdraw his guilty plea, which the trial court denied on June 2, 2003. Appellant filed with the trial court a motion to reconsider his motion to withdraw his guilty plea which the trial court denied on June 23, 2003. On July 23, 2003, appellant appealed to this court.

{¶ 3} Motions for reconsideration in the trial court are nullities. Beal v. Allen, Cuyahoga App. No. 79567, 2002-Ohio-4054, citing Pitts v. Dept. of Transportation (1981), 67 Ohio St.2d 378. "A motion for reconsideration of a final judgment is a nullity which does not suspend the time for filing a notice of appeal, and any order granting such a motion is likewise a nullity." State v. Harbert, 9^th Dist. No. 20955, 2002-Ohio-6114.

{¶ 4} In this case, because appellant did not appeal the trial court's decision to deny his motion to withdraw his guilty plea within thirty days pursuant to App.R. 4, nor did he obtain leave of court to file a delayed appeal pursuant to App.R. 5(A), his appeal is untimely and is therefore dismissed.

Appeal dismissed.

It is ordered that appellee recover of appellant, its costs herein taxed.

A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure. Exceptions.

Corrigan, A.J., and Gallagher, J., concur.