Full Opinion

[Cite as State v. Harris, 2026-Ohio-3509.] IN THE COURT OF APPEALS OF OHIO ELEVENTH APPELLATE DISTRICT LAKE COUNTY STATE OF OHIO, CASE NO. 2026-L-0083 CITY OF WILLOUGHBY, Plaintiff-Appellee, Criminal Appeal from the Willoughby Municipal Court - vs - ROBERT S. HARRIS, Trial Court No. 2023 TRD 02196 Defendant-Appellant. MEMORANDUM OPINION AND JUDGMENT ENTRY Decided: September 8, 2026 Judgment: Appeal dismissed Richard J. Perez, City of Willoughby Prosecutor, 4230 State Route 306, Suite 240, Willoughby, OH 44094 (For Plaintiff-Appellee). Robert S. Harris, pro se, P.O. Box 93, Athens, TN 37371 (Defendant-Appellant). JOHN J. EKLUND, J. {¶1} On August 3, 2026, appellant, Robert S. Harris, filed a pro se notice of appeal from the Willoughby Municipal Court’s May 26, 2023 judgment entry. {¶2} A party who wishes to appeal from a final order shall file a notice of appeal within thirty days of that entry. App.R. 4(A)(1). {¶3} Pursuant to App.R. 5(A)(1), “[a]fter the expiration of the 30-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 the permission of the court to which the appeal is taken in the following classes of cases: (a) Criminal proceedings . . . .” {¶4} App.R. 5(A)(2) further provides that “[a]ny motion for permission to appeal must be filed with the clerk of the court of appeals and must explain the reasons for the defendant’s failure to comply with the rules for filing an appeal as of right.” {¶5} A timely notice of appeal from the May 26, 2023 entry was due no later than June 26, 2023, which was not a holiday or weekend. The appeal is untimely by more than three years. {¶6} Appellant has neither complied with the thirty-day rule set forth in App.R. 4(A)(1) nor sought leave to appeal pursuant to App.R. 5(A). Thus, this court is without jurisdiction to consider the appeal. Appellant has a remedy of filing an untimely criminal appeal under App.R. 5(A). {¶7} Accordingly, this appeal is hereby dismissed, sua sponte, as untimely. EUGENE A. LUCCI, J., SCOTT LYNCH, J., concur. PAGE 2 OF 3 Case No. 2026-L-0083 JUDGMENT ENTRY For the reasons stated in the memorandum opinion of this court, it is ordered that this appeal is hereby dismissed, sua sponte, as untimely. Any pending motions are hereby overruled as moot. Costs shall be taxed against appellant. JUDGE JOHN J. EKLUND JUDGE EUGENE A. LUCCI, concurs JUDGE SCOTT LYNCH, concurs THIS DOCUMENT CONSTITUTES A FINAL JUDGMENT ENTRY A certified copy of this opinion and judgment entry shall constitute the mandate pursuant to Rule 27 of the Ohio Rules of Appellate Procedure. PAGE 3 OF 3 Case No. 2026-L-0083