State v. Robinson, Unpublished Decision (9-2-2004)
State v. Robinson, Unpublished Decision (9-2-2004)
Opinion of the Court
{¶ 2} App.R. 5(A) allows a criminal defendant to file a motion for leave to appeal after the expiration of the 30-day period provided by App.R. 4(A). Such a motion must set forth the reasons for the failure of the defendant to perfect an appeal as of right. Defendant has the burden of "demonstrating a reasonable explanation of the basis for failure to perfect a timely appeal."State v. Padgitt (Nov. 2, 1999), Franklin App. No. 99AP-1085 (Memorandum Decision), quoting State v. Cromlish (Sept. 1, 1994), Franklin App. No. 94APA06-855. The decision to grant or deny a motion for leave to appeal pursuant to App.R. 5(A) rests within the sound discretion of the court of appeals. Id., citingState v. Fisher (1988),
{¶ 3} On January 5, 2001, defendant pled guilty to and was convicted of one count of felonious assault in violation of R.C.
{¶ 4} Similarly, defendant also contends that he did not file a direct appeal because he had no knowledge of the law or the legal procedures necessary to perfect an appeal. A defendant's claim of limited legal knowledge is insufficient to justify the failure of a timely notice of appeal. State v. Carroll (Sept. 9, 2003), Franklin App. No. 03AP-703 (Memorandum Decision). As the Supreme Court of Ohio has noted, "[l]ack of effort or imagination, and ignorance of the law * * * do not automatically establish good cause for failure to seek timely relief." Id., quoting State v. Reddick (1995),
{¶ 5} For these reasons, defendant's App.R. 5(A) motion is denied.
Motion for delayed appeal denied.
Bowman and Brown, JJ., concur.
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