State v. Vega

Summary

The Ohio Eleventh District Court of Appeals dismissed Michael A. Vega's criminal appeal as untimely. The court held that the notice of appeal was filed three days after the Appellate Rule 4(A)(1) deadline and that Vega had neither timely appealed nor sought leave to file an untimely appeal under Appellate Rule 5(A).

Holdings

1. A criminal appeal filed after the thirty-day deadline in App.R. 4(A)(1), without a motion for leave to appeal under App.R. 5(A), is untimely and does not confer jurisdiction on the court of appeals.

Questions Presented

1. Whether the court of appeals had jurisdiction over a criminal appeal filed three days after the thirty-day deadline in App.R. 4(A)(1) when the defendant had not sought leave to file a delayed appeal under App.R. 5(A).

Disposition

dismissed