[Cite as State v. Jones, 2012-Ohio-76.]
COURT OF APPEALS
STARK COUNTY, OHIO
FIFTH APPELLATE DISTRICT
STATE OF OHIO JUDGES:
Hon. William B. Hoffman, P.J.
Plaintiff-Appellee Hon. John W. Wise, J.
Hon. Julie A. Edwards, J.
-vs-
Case No. 2011CA00236
RYAN G. JONES
Defendant-Appellant OPINION
CHARACTER OF PROCEEDING: Appeal from the Stark County Court of
Common Pleas, Criminal Division, Case
No. 2011CR00022
JUDGMENT: Dismissed
DATE OF JUDGMENT ENTRY: January 9, 2012
APPEARANCES:
For Plaintiff-Appellee For Defendant-Appellant
JOHN D. FERRERO RYAN G. JONES, PRO SE
PROSECUTING ATTORNEY, Richland Correctional Institution
STARK COUNTY, OHIO Inst. No. 600-484
Post Office Box 8107
By: RENEE M. WATSON Mansfield, Ohio 44901-8107
Assistant Prosecuting Attorney
Appellate Section
110 Central Plaza, South – Suite 510
Canton, Ohio 44702-1413
Stark County, Case No. 2011CA00236 2
Hoffman, P.J.
(¶1) Defendant-appellant Ryan G. Jones appeals the October 4, 2011
Judgment Entry entered by the Stark County Court of Common Pleas, denying his
Motion for Relief from Judgment. The State of Ohio is plaintiff-appellee.
STATEMENT OF THE CASE1
(¶2) Appellant pled guilty to one count of illegal manufacture of drugs in the
vicinity of a child, a violation of R.C. 2925.04(A), and one count of illegal assembly or
possession of chemicals for the manufacture of drugs in the vicinity of a child, a
violation of R.C. 2925.041(A). Appellant was sentenced via Judgment Entry filed
February 28, 2011. Appellant did not file a direct appeal.
(¶3) On August 1, 2011, Appellant filed a petition for post-conviction relief
(“PCR”) asserting the two counts for which he was convicted and sentenced were allied
offenses of similar import.
(¶4) The trial court denied Appellant’s PCR petition via Judgment Entry filed
September 8, 2011. Appellant responded by filing a Motion for Relief from Judgment on
September 28, 2011. The trial court summarily denied that motion via Judgment Entry
filed October 4, 2011. It is from the latter entry Appellant prosecutes this appeal,
assigning as error:
(¶5) “I. TRIAL COURT ABUSED ITS DISCRETION WHEN DENYING RELIEF
FROM JUDGMENT.”
(¶6) This case comes to us on the accelerated calendar governed by App.R.
11.1, which states the following in pertinent part:
(¶7) “(E) Determination and judgment on appeal
1
A rendition of the facts is unnecessary for our disposition of this appeal.
Stark County, Case No. 2011CA00236 3
(¶8) “The appeal will be determined as provided by App. R. 11.1. It shall be
sufficient compliance with App. R. 12(A) for the statement of the reason for the court's
decision as to each error to be in brief and conclusionary form.
(¶9) The decision may be by judgment entry in which case it will not be
published in any form.”
(¶10) We dismiss this appeal for lack of jurisdiction. We find Appellant’s appeal
is untimely.
(¶11) Appellant’s notice of appeal was filed October 19, 2011. While it asserts it
is appealing the trial court’s October 4, 2011 Judgment Entry, it is a collateral attack of
the trial court’s September 8, 2011 Judgment Entry.
(¶12) A motion for relief from judgment is not a substitute for a direct appeal.
Appellant’s October 19, 2011 Notice of Appeal was filed beyond the requirement of
App.R. 4 for the timely filing of an appeal of the trial court’s September 8, 2011
Judgment Entry. Accordingly, we find this court lacks jurisdiction and dismiss
Appellant’s appeal.
By: Hoffman, P.J.
Wise, J. and
Edwards, J. concur s/ William B. Hoffman _________________
HON. WILLIAM B. HOFFMAN
s/ John W. Wise _____________________
HON. JOHN W. WISE
s/ Julie A. Edwards ___________________
HON. JULIE A. EDWARDS
Stark County, Case No. 2011CA00236 4
IN THE COURT OF APPEALS FOR STARK COUNTY, OHIO
FIFTH APPELLATE DISTRICT
STATE OF OHIO :
:
Plaintiff-Appellee :
:
-vs- : JUDGMENT ENTRY
:
RYAN G. JONES :
:
Defendant-Appellant : Case No. 2011CA00236
For the reason stated in our accompanying Opinion, Appellant’s appeal is
dismissed. Costs to Appellant.
s/ William B. Hoffman _________________
HON. WILLIAM B. HOFFMAN
s/ John W. Wise______________________
HON. JOHN W. WISE
s/ Julie A. Edwards ___________________
HON. JULIE A. EDWARDS