State v. Jude, 031819 OHCA11, 2019-A-0012

Docket Nº:2019-A-0012
Opinion Judge:THOMAS R. WRIGHT, P.J.
Party Name:STATE OF OHIO, Plaintiff-Appellee, v. JOHN JUDE, JR., Defendant-Appellant.
Attorney:Nicholas A. Iarocci, Ashtabula County Prosecutor, and Shelley M. Pratt, Assistant Prosecutor, (For Plaintiff-Appellee). John Jude, Jr., pro se, PID: A603-412, (Defendant-Appellant).
Judge Panel:MATT LYNCH, J, MARY JANE TRAPP, J, concur.
Case Date:March 18, 2019
Court:Court of Appeals of Ohio
 
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2019-Ohio-928

STATE OF OHIO, Plaintiff-Appellee,

v.

JOHN JUDE, JR., Defendant-Appellant.

No. 2019-A-0012

Court of Appeals of Ohio, Eleventh District, Ashtabula

March 18, 2019

Criminal Appeal from the Ashtabula County Court of Common Pleas, Case No. 1973 CR 09376.

Nicholas A. Iarocci, Ashtabula County Prosecutor, and Shelley M. Pratt, Assistant Prosecutor, (For Plaintiff-Appellee).

John Jude, Jr., pro se, PID: A603-412, (Defendant-Appellant).

MEMORANDUM OPINION

THOMAS R. WRIGHT, P.J.

{¶1} On January 24, 2019, appellant filed a pro se notice of appeal and motion for leave to file a delayed appeal pursuant to App.R. 5(A). Appellee, the state of Ohio, opposes the motion.

{¶2} Appellant moves to appeal the trial court's May 29, 1973 entry sentencing him to life in prison for second-degree murder. The appeal is untimely by over 45 years.

{¶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." (Emphasis added.) App.R. 4(A)(1).

{¶4} "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 * * * [c]riminal proceedings * * *." App.R. 5(A)(1)(a).

{¶5} A motion for leave to appeal shall set forth the reasons for the failure to perfect an appeal as of right. App.R. 5(A)(2).

{¶6} The reasons for failing to perfect an appeal as of right must be valid and justify the length of time it took to initiate an appeal. See, e.g., State v. Johnson, 11th Dist. Trumbull...

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