Opinion
CASE NO. 2015-A-0038
09-08-2015
STATE OF OHIO, Plaintiff-Appellee, v. FLOYD WOOTEN, Defendant-Appellant.
Nicholas A. Iarocci, Ashtabula County Prosecutor, and Shelley M. Pratt, Assistant Prosecutor, Ashtabula County Courthouse, 25 West Jefferson Street, Jefferson, OH 44047-1092 (For Plaintiff-Appellee). Floyd Wooten, pro se, PID: A624-882, Lake Erie Correctional Institution, P.O. Box 8000, Conneaut, OH 44030 (Defendant-Appellant).
MEMORANDUM OPINION
Criminal Appeal from the Ashtabula County Court of Common Pleas, Case No. 2011 CR 297 Judgment: Appeal dismissed. Nicholas A. Iarocci, Ashtabula County Prosecutor, and Shelley M. Pratt, Assistant Prosecutor, Ashtabula County Courthouse, 25 West Jefferson Street, Jefferson, OH 44047-1092 (For Plaintiff-Appellee). Floyd Wooten, pro se, PID: A624-882, Lake Erie Correctional Institution, P.O. Box 8000, Conneaut, OH 44030 (Defendant-Appellant). THOMAS R. WRIGHT, J.
{¶1} This matter is before this court on appellant's pro se notice of appeal filed July 29, 2015. On the notice, appellant indicates that he is appealing a July 2, 2015 "Sentencing Journal." However, attached to his notice is the trial court's July 2, 2013 "Judgment Entry of Re-Sentence." The trial court docket confirms that the date of the sentencing order is July 2, 2013, and that there were no other sentencing orders issued after that date.
{¶2} We note that an appeal from the July 2, 2013 sentencing order would be untimely pursuant to App.R. 4(A). However, in addition to being filed out of the 30-day time frame, this is a duplicate appeal of appellant's previous appeal, State v. Wooten, 11th Dist. Ashtabula App. No. 2013-A-0044, 2014-Ohio-725, which was affirmed by this court on March 3, 2014.
{¶3} Therefore, the appeal is hereby dismissed sua sponte, as being duplicative.
{¶4} Appeal dismissed. TIMOTHY P. CANNON, P.J., CYNTHIA WESTCOTT RICE, J., concur.