# State v. Brown

> Ohio Court of Appeals · January 22, 2024 · 2024 Ohio 216

URL: https://www.frixlaw.com/law-library/cases/9925774

## Case

- **Court:** Ohio Court of Appeals
- **Decided:** January 22, 2024
- **Citations:** 2024 Ohio 216
- **Precedential status:** Published
- **Opinion:** Opinion
- **Judges:** Lynch
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

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- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9925774

## Opinion text

[Cite as State v. Brown, 2024-Ohio-216.]

IN THE COURT OF APPEALS OF OHIO
ELEVENTH APPELLATE DISTRICT
LAKE COUNTY

STATE OF OHIO, CASE NOS. 2023-L-119
2023-L-120
Plaintiff-Appellee,
Criminal Appeals from the
- vs - Court of Common Pleas

JEFFERY D. BROWN, II,
Trial Court Nos. 2019 CR 001348
Defendant-Appellant. 2020 CR 000392

MEMORANDUM
OPINION

Decided: January 22, 2024
Judgment: Appeals dismissed

Charles E. Coulson, Lake County Prosecutor, Lake County Administration Building, 105
Main Street, P.O. Box 490, Painesville, OH 44077 (For Plaintiff-Appellee).

Jeffery D. Brown, II, pro se, PID# A774-399, Trumbull Correctional Institution, 5701
Burnett Street, P.O. Box 901, Leavittsburg, OH 44430 (Defendant-Appellant).

MATT LYNCH, J.

{¶1} On December 26, 2023, appellant, Jeffery D. Brown, II, pro se, filed notices

of appeal from the trial court’s April 12, 2023 entry, which he attached to his notices. A

timely notice was due no later than May 12, 2023, which was not a holiday or weekend.

The appeals are untimely by over seven months.

{¶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} Appeals dismissed, sua sponte, as untimely.

EUGENE A. LUCCI, P.J.,

JOHN J. EKLUND, J.,

concur.

2

Case Nos. 2023-L-119 and 2023-L-120

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9925774. Public record. Not legal advice.