[Cite as State v. Zadai, 2020-Ohio-1079.]
IN THE COURT OF APPEALS
ELEVENTH APPELLATE DISTRICT
TRUMBULL COUNTY, OHIO
STATE OF OHIO, : MEMORANDUM OPINION
Plaintiff-Appellee, :
CASE NO. 2020-T-0009
- vs - :
DAVID JAMES ZADAI, :
Defendant-Appellant. :
Criminal Appeal from the Court of Common Pleas, Case No. 2016 CR 00421.
Judgment: Appeal dismissed.
Dennis Watkins, Trumbull County Prosecutor, and Ashleigh J. Musick, Assistant
Prosecutor, Administration Building, Fourth Floor, 160 High Street, N.W. Warren, OH
44481-1092 (For Plaintiff-Appellee).
David James Zadai, pro se, PID: 764-795, Lake Erie Correctional Institution, 501
Thompson Road, P.O. Box 8000, Conneaut, OH 44030 (Defendant-Appellant).
THOMAS R. WRIGHT, J.,
{¶1} Appellant, David James Zadai, pro se, filed a notice of appeal on February
24, 2020 from the trial court’s February 7, 2017 sentencing judgment. Thus, the appeal
is untimely filed by almost 3 years.
{¶2} On February 27, 2020, appellee, the state of Ohio, filed a motion to
dismiss the appeal as being untimely pursuant to App.R. 4(A)(1). No brief or
memorandum in opposition to the motion to dismiss has been filed.
{¶3} App.R. 4(A)(1) states in relevant part:
{¶4} “* * * [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.”
{¶5} App.R. 5(A) states, in relevant part:
{¶6} “(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:
{¶7} “(a) Criminal proceedings; * * *
{¶8} “(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.”
{¶9} 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.
{¶10} Accordingly, appellee’s motion to dismiss is granted, and the appeal is
hereby dismissed as being untimely.
{¶11} Appeal dismissed.
CYNTHIA WESTCOTT RICE, J.,
MARY JANE TRAPP, J.,
concur.
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