State v. McClain, Unpublished Decision (3-1-2005)
State v. McClain, Unpublished Decision (3-1-2005)
2005 Ohio 923
State v. McClain, Unpublished Decision (3-1-2005)
Opinion of the Court
{¶ 2} "(A) Motion by defendant for delayed appeal.
{¶ 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 appealis taken in the following classes of cases:
{¶ 4} "(a) Criminal proceedings[.]" (Emphasis added.)
{¶ 5} The trial court does not have jurisdiction to rule on an App.R. 5(A) motion. This court has not granted defendant leave to file an appeal. Accordingly, this appeal is ordered dismissed at appellant's costs.
Appeal Dismissed.
Pietrykowski, J., Singer, P.J., Parish, J. Concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.