# State v. Brown

> Ohio Court of Appeals · April 9, 2024 · 2024 Ohio 1345

URL: https://www.frixlaw.com/law-library/cases/9958651

## Case

- **Court:** Ohio Court of Appeals
- **Decided:** April 9, 2024
- **Citations:** 2024 Ohio 1345
- **Precedential status:** Published
- **Opinion:** Opinion
- **Judges:** Lynch
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9958651

## Opinion text

[Cite as State v. Brown, 2024-Ohio-1345.]

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

STATE OF OHIO, CASE NO. 2024-G-0011

Plaintiff-Appellee,
Criminal Appeal from the
- vs - Court of Common Pleas

RODERICK C. BROWN,
Trial Court No. 2022 C 000286
Defendant-Appellant.

MEMORANDUM
OPINION

Decided: April 9, 2024
Judgment: Appeal dismissed

James R. Flaiz, Geauga County Prosecutor, Courthouse Annex, 231 Main Street, Suite
3A, Chardon, OH 44024 (For Plaintiff-Appellee).

Sean P. Martin, 113 North Chestnut Street, Suite A, Jefferson, OH 44047 (For
Defendant-Appellant).

MATT LYNCH, J.

{¶1} Appellant, Roderick Brown, through counsel, filed a notice of appeal on

February 26, 2024, from the trial court’s January 17, 2024 sentencing entry. A timely

appeal from the January entry was due no later than February 16, 2024, which was not a

holiday or weekend. Thus, the appeal is untimely filed by ten days.

{¶2} App.R. 4(A)(1) states in relevant part:

{¶3} “[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.”
{¶4} App.R. 5(A) states, in relevant part:

{¶5} “(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:

{¶6} “(a) Criminal proceedings; * * *

{¶7} “(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.”

{¶8} Here, 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 this appeal.

{¶9} Accordingly, this appeal is hereby sua sponte dismissed as being untimely.

MARY JANE TRAPP, J.,

JOHN J. EKLUND, J.,

concur.

2

Case No. 2024-G-0011

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9958651. Public record. Not legal advice.