Ohio Court of Appeals, 1999

State v. Franco, Unpublished Decision (8-13-1999)

State v. Franco, Unpublished Decision (8-13-1999)
Ohio Court of Appeals · Decided August 13, 1999

State v. Franco, Unpublished Decision (8-13-1999)

Opinion of the Court

[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.] Appeal dismissed. See Memorandum Opinion and Judgment Entry. O'Neill, J., dissents. [NADER] (CHRISTLEY) (O'NEILL)

APPELLATE PROCEDURE:
An App.R. 5(A) motion for leave to appeal will not be granted where appellant has clearly waived his right to a direct appeal in the trial court by entering a guilty plea, has waited for nearly two and one-half years to initiate an appeal, and fails to offer any satisfactory reasons for failing to perfect his appeal as of right.

A delayed appeal pursuant to App.R. 5(A) is not available in an appeal of a post-conviction relief determination since such appeals are considered civil in nature and delayed appeals are applicable only to criminal appeals.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.