Opinion
CASE NO. 2021-T-0005
03-29-2021
STATE OF OHIO, Plaintiff-Appellee, v. JAMES EUGENE PIERCE, JR., Defendant-Appellant.
Dennis Watkins, Trumbull County Prosecutor, Administration Building, Fourth Floor, 160 High Street, N.W. Warren, OH 44481-1092 (For Plaintiff-Appellee). David L. Engler, Engler Law Firm, 181 Elm Road, N.E., Warren, OH 44483 (For Defendant-Appellant).
MEMORANDUM OPINION
Criminal Appeal from the Court of Common Pleas, Case No. 2020 CR 00310. Judgment: Appeal dismissed. Dennis Watkins, Trumbull County Prosecutor, Administration Building, Fourth Floor, 160 High Street, N.W. Warren, OH 44481-1092 (For Plaintiff-Appellee). David L. Engler, Engler Law Firm, 181 Elm Road, N.E., Warren, OH 44483 (For Defendant-Appellant). THOMAS R. WRIGHT, J.
{¶1} On February 12, 2021, appellant, James Eugene Pierce, Jr., through counsel, filed a notice of appeal from the trial court's January 12, 2021 entry, which sentenced appellant to serve a minimum of ten years and a maximum of life imprisonment after he entered a plea of guilty to rape and disseminating matter harmful to juveniles. A timely notice of appeal was due no later than February 11, 2021, which was not a holiday or weekend. The appeal is untimely by one day.
{¶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.