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State v. Krug

Court of Appeals of Ohio, Eleventh District, Lake
Jul 8, 2024
2024 Ohio 2603 (Ohio Ct. App. 2024)

Opinion

2024-L-040

07-08-2024

STATE OF OHIO, Plaintiff-Appellee, v. JON P. KRUG, Defendant-Appellant.

Charles E. Coulson, Lake County Prosecutor, and Teri R. Daniel, Assistant Prosecutor, Lake County Administration Building, For Plaintiff-Appellee. Jon P. Krug, pro se, PID# A544-929, Richland Correctional Institution, Defendant-Appellant.


Civil Appeal from the Court of Common Pleas Trial Court No. 2008 CR 000008

Charles E. Coulson, Lake County Prosecutor, and Teri R. Daniel, Assistant Prosecutor, Lake County Administration Building, For Plaintiff-Appellee.

Jon P. Krug, pro se, PID# A544-929, Richland Correctional Institution, Defendant-Appellant.

MEMORANDUM OPINION

MARY JANE TRAPP, J.

{¶1} On June 11, 2024, appellant, Jon P. Krug, filed a pro se notice of appeal from the trial court's May 7, 2024 judgment entry treating appellant's pro se motions as petitions for postconviction relief and denying them as untimely without a hearing.

{¶2} App.R. 4(A)(1) states that "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."

{¶3} Furthermore, postconviction proceedings are considered civil in nature. State v. Nichols, 11 Ohio St.3d 40, 40-42 (1984); see also State v. Jones, 2021 -Ohio-1696, ¶ 6 (11th Dist.).

{¶4} App.R. 4(A)(3) states, in relevant part:

{¶5} "In a civil case, if the clerk has not completed service of notice of the judgment within the three-day period prescribed in Civ.R. 58(B), the 30-day periods referenced in App.R. 4(A)(1) and 4(A)(2) begin to run on the date when the clerk actually completes service."

{¶6} Here, there is a notation on the docket reflecting the clerk mailed a copy of the May 7, 2024 entry to appellant on May 8, 2024, which is within the three-day period prescribed in Civ.R. 58(B). Therefore, a timely notice of appeal from the May 7, 2024 entry was due no later than June 6, 2024, which was not a holiday or weekend. The appeal is untimely by five days. The time requirement is jurisdictional in nature and may not be enlarged by an appellate court. State ex rel. Pendell v. Adams Cty. Bd. of Elections, 40 Ohio St.3d 58, 60 (1988); see also App.R. 14(B).

{¶7} Accordingly, this appeal is dismissed, sua sponte, as untimely.

MATT LYNCH, J, ROBERT J PATTON, J, concur


Summaries of

State v. Krug

Court of Appeals of Ohio, Eleventh District, Lake
Jul 8, 2024
2024 Ohio 2603 (Ohio Ct. App. 2024)
Case details for

State v. Krug

Case Details

Full title:STATE OF OHIO, Plaintiff-Appellee, v. JON P. KRUG, Defendant-Appellant.

Court:Court of Appeals of Ohio, Eleventh District, Lake

Date published: Jul 8, 2024

Citations

2024 Ohio 2603 (Ohio Ct. App. 2024)