State v. Harris
CourtOhio Court of Appeals
Date FiledSeptember 14, 2026
Docket2026-L-0084 & 2026-L-0085
JudgeLucci
StatusPublished
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Full Opinion
[Cite as State v. Harris, 2026-Ohio-3584.]
IN THE COURT OF APPEALS OF OHIO
ELEVENTH APPELLATE DISTRICT
LAKE COUNTY
STATE OF OHIO, CASE NOS. 2026-L-0084
CITY OF KIRTLAND, 2026-L-0085
Plaintiff-Appellee, Criminal Appeals from the
Willoughby Municipal Court
- vs -
ROBERT S. HARRIS, Trial Court Nos. 2023 CRB 02689
2023 TRD 05547
Defendant-Appellant.
MEMORANDUM OPINION AND JUDGMENT ENTRY
Decided: September 14, 2026
Judgment: Appeals dismissed
Matthew A. Lallo, City of Kirtland Law Director, 9301 Chillicothe Road, Kirtland, OH
44094 (For Plaintiff-Appellee).
Robert S. Harris, pro se, P.O. Box 93, Athens, TN 37371 (Defendant-Appellant).
EUGENE A. LUCCI, J.
{¶1} On August 3, 2026, appellant, Robert S. Harris, filed pro se notices of
appeal from the Willoughby Municipal Court’s August 18, 2025 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} Timely notices of appeal from the August 18, 2025 entry were due no later
than September 17, 2025, which was not a holiday or weekend. The appeals are untimely
by more than 10 months.
{¶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 appeals. Appellant has a remedy of filing untimely criminal
appeals under App.R. 5(A).
{¶7} Accordingly, these appeals are hereby dismissed, sua sponte, as untimely.
MATT LYNCH, P.J.,
SCOTT LYNCH, J.,
concur.
PAGE 2 OF 3
Case Nos. 2026-L-0084, 2026-L-0085
JUDGMENT ENTRY
For the reasons stated in the memorandum opinion of this court, it is ordered that
these appeals are hereby dismissed, sua sponte, as untimely.
Any pending motions are hereby overruled as moot.
Costs shall be taxed against appellant.
JUDGE EUGENE A. LUCCI
PRESIDING JUDGE MATT LYNCH,
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 Nos. 2026-L-0084, 2026-L-0085