State v. Trogrlic

[Cite as State v. Trogrlic, 

.]



                  IN THE COURT OF APPEALS OF OHIO
                            ELEVENTH APPELLATE DISTRICT
                                   LAKE COUNTY

STATE OF OHIO,                                    CASE NOS. 2023-L-107
CITY OF MENTOR,                                             2023-L-108

                  Plaintiff-Appellee,             Criminal Appeals from the
                                                  Mentor Municipal Court
         - vs -

MARIO TROGRLIC,                                   Trial Court Nos. 2023 CRB 00816 A
                                                                   2023 CRB 00816 B
                  Defendant-Appellant.


                                         MEMORANDUM
                                           OPINION

                                     Decided: December 18, 2023
                                    Judgment: Appeals dismissed


Lisa Klammer, City of Mentor Prosecutor, 8500 Civic Center Boulevard, Mentor, OH
44060 (For Plaintiff-Appellee).

Mario Trogrlic, pro se, #2023002384, Lake County Adult Detention Facility, 104 East
Erie Street, Painesville, OH 44077 (Defendant-Appellant).


JOHN J. EKLUND, P.J.

        {¶1}      On November 14, 2023, appellant, Mario Trogrlic, pro se, filed a notice of

appeal from the trial court’s September 25, 2023 sentencing entries. A timely notice was

due no later than October 25, 2023, which was not a holiday or weekend. Thus, the

appeals were untimely filed by 20 days.

        {¶2}      “* * * [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.” App.R.

4(A)(1).
       {¶3}   “(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:

       {¶4}   “(a) Criminal proceedings; * * *

       {¶5}   “(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.

* * *.” App.R. 5(A).

       {¶6}   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). Therefore, this court is without

jurisdiction to consider his appeal. Under the provisions of App.R. 5(A), appellant has a

remedy to move for leave to file an untimely criminal appeal.

       {¶7}   Appeals dismissed, sua sponte, as untimely.




MARY JANE TRAPP, J.,

ROBERT J. PATTON, J.,

concur.




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Case Nos. 2023-L-107 and 2023-L-108