State v. Jackson
CourtOhio Court of Appeals
Date FiledAugust 7, 2026
Docket25 CO 0031
StatusPublished
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Full Opinion
[Cite as State v. Jackson, 2026-Ohio-3077.]
IN THE COURT OF APPEALS OF OHIO
SEVENTH APPELLATE DISTRICT
COLUMBIANA COUNTY
STATE OF OHIO,
Plaintiff-Appellee,
v.
DAVANTE L. JACKSON,
Defendant-Appellant.
OPINION AND JUDGMENT ENTRY
Case No. 25 CO 0031
Motion for Reconsideration
BEFORE:
Cheryl L. Waite, Carol Ann Robb, Mark A. Hanni, Judges.
JUDGMENT:
Dismissed.
Atty. Vito J. Abruzzino, Columbiana County Prosecutor, and Atty. Christopher R.W.
Weeda, Assistant Prosecutor, for Plaintiff-Appellee, No Response Filed.
Davante L. Jackson, Pro se, Defendant-Appellant
Dated: August 7, 2026
–2–
PER CURIAM.
{¶1} On July 9, 2026, Appellant Davante L. Jackson filed a pro se motion for
reconsideration under App.R. 26(A). Our opinion in this matter was filed on June 10,
2026, and a copy was sent to Appellant and noted on the clerk of court’s docket the same
day. App.R. 26(A)(1)(a) requires a motion for reconsideration to be filed "no later than
fifteen days after the clerk has both mailed to the parties the judgment or order in question
and made a note on the docket of the mailing . . . ." As Appellant's motion is untimely, it
is dismissed.
{¶2} Even if Appellant’s motion for reconsideration had been timely filed, it would
clearly have been overruled.
The test generally applied upon the filing of a motion for
reconsideration in the court of appeals is whether the motion calls to the
attention of the court an obvious error in its decision, or raises an issue for
consideration that was either not considered at all or was not fully
considered by the court when it should have been.
Columbus v. Hodge, 37 Ohio App.3d 68 (1987), paragraph one of the syllabus. However,
"[a]n application for reconsideration is not designed for use in instances where a party
simply disagrees with the conclusions reached and the logic used by an appellate court."
State v. Owens, 112 Ohio App.3d 334, 336 (11th Dist. 1997).
{¶3} Appellant’s motion for reconsideration does not specify any error, obvious
or otherwise, made by this Court. It does not raise any matter that must be reconsidered.
The motion simply asks us to look, once again, at the briefs and the record and issue
Case No. 25 CO 0031
–3–
another opinion that would be favorable to Appellant. This is not the purpose of appellate
reconsideration. Since Appellant has not raised any error or issue that requires
reconsideration, the motion must be dismissed even if it were timely.
{¶4} Appellant's motion for reconsideration is dismissed as untimely filed.
Additionally, Appellant has failed to cite any obvious error in our Opinion, or bring to our
attention any issue that we failed to consider or did not consider fully but should have.
JUDGE CHERYL L. WAITE
JUDGE CAROL ANN ROBB
JUDGE MARK A. HANNI
NOTICE TO COUNSEL
This document constitutes a final judgment entry.
Case No. 25 CO 0031