Opinion
2021-P-0087
09-30-2021
STATE OF OHIO, Plaintiff-Appellee, v. GERALD L. FARHAT, Defendant-Appellant.
Victor V. Vigluicci, Portage County Prosecutor, (For Plaintiff-Appellee). Gerald L Farhat, pro se, (Defendant-Appellant).
Criminal Appeal from the Court of Common Pleas Trial Court No. 2019 CR 00211
Victor V. Vigluicci, Portage County Prosecutor, (For Plaintiff-Appellee).
Gerald L Farhat, pro se, (Defendant-Appellant).
MEMORANDUM OPINION
THOMAS R. WRIGHT, J.
{¶1} On August 16, 2021, appellant, Gerald L. Farhat, filed a pro se motion for leave to file a delayed appeal pursuant to App.R. 5(A). No notice of appeal was filed and no appealed entry was provided.
{¶2} App.R. 5(A) provides:
{¶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. 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. * * *." (Emphasis added.)
{¶6} In the present case, appellant has not complied with App.R. 5(A)(2) because he failed to file a notice of appeal in the trial court concurrently with the filing of his motion for leave to appeal. See State v. Fisher, 46 Ohio App.2d 279 (1975). In addition, appellant has not complied with Loc.R. 3(D)(2) of this court by attaching to such notice of appeal a copy of the judgment entry being appealed.
{¶7} Appellant's present motion is procedurally defective, and he has failed to invoke this court's jurisdiction. Thus, his pro se motion for leave to file a delayed appeal is hereby overruled.
{¶8} We note that appellant is not barred from filing a new motion for leave to file a delayed appeal along with a notice of appeal that complies with the Ohio Rules of Appellate Procedure and the local rules of this court.
{¶9} This matter is dismissed.
MARY JANE TRAPP, P.J., CYNTHIA WESTCOTT RICE, J., concur.