[Cite as State v. Briscar, 2018-Ohio-1574.]
IN THE COURT OF APPEALS
ELEVENTH APPELLATE DISTRICT
PORTAGE COUNTY, OHIO
STATE OF OHIO, : MEMORANDUM OPINION
Plaintiff-Appellee, :
CASE NO. 2018-P-0019
- vs - :
DYLAN J. BRISCAR, :
Defendant-Appellant. :
Criminal Appeal from the Portage County Court of Common Pleas, Case No. 2017 CR
00587.
Judgment: Appeal dismissed.
Victor V. Vigluicci, Portage County Prosecutor, and Pamela Holder, Assistant
Prosecutor, 241 South Chestnut Street, Ravenna, OH 44266 (For Plaintiff-Appellee).
Dylan J. Briscar, pro se, PID: A704-457, Lorain Correctional Institution, 2075 South
Avon-Belden Road, Grafton, OH 44044 (Defendant-Appellant).
COLLEEN MARY O’TOOLE, J.
{¶1} On February 26, 2018, appellant, Dylan J. Briscar, pro se, filed a notice of
appeal from the trial court’s sentencing entry of January 22, 2018. A timely appeal was
due no later than February 21, 2018, which was not a holiday or weekend. Thus, the
appeal was untimely filed by five 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:
{¶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} “(b) Delinquency proceedings; and
{¶8} “(c) Serious youthful offender proceedings.
{¶9} “(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. * * *.”
{¶10} In the present case, 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.
{¶11} Appellant has a remedy to file an untimely appeal from a criminal
judgment under App.R. 5(A).
{¶12} Based on the foregoing, this appeal is hereby sua sponte dismissed as
being untimely.
{¶13} Appeal dismissed.
CYNTHIA WESTCOTT RICE, J.,
TIMOTHY P. CANNON, J., concur.
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