State v. Handwork, Unpublished Decision (9-24-2004)
State v. Handwork, Unpublished Decision (9-24-2004)
Opinion of the Court
{¶ 2} A motion to vacate fines and costs is civil in nature. App.R. 5(A) provides a defendant with an opportunity to file an appeal after expiration of the normal thirty-day period. However, App.R. 5(A) is only applicable in criminal cases or, in other words, when a direct appeal is taken from a sentencing judgment. Any proceedings that occur following conviction and sentence are not considered criminal proceedings but, rather, civil proceedings. State v. Nichols (1984),
{¶ 3} The time requirement is jurisdictional in nature and may not be enlarged by an appellate court. State ex rel. Pendellv. Adams Cty. Bd. of Elections (1988),
{¶ 4} Accordingly, appellant's motion for leave to file a delayed appeal is hereby overruled.
{¶ 5} Appeal dismissed.
Ford, P.J., Grendell, J., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.