State v. Solomon , 2018 Ohio 3965 ( 2018 )

[Cite as State v. Solomon, 2018-Ohio-3965.]
IN THE COURT OF APPEALS
ELEVENTH APPELLATE DISTRICT
PORTAGE COUNTY, OHIO
STATE OF OHIO, : MEMORANDUM OPINION
Plaintiff-Appellee, :
CASE NO. 2018-P-0057
- vs - :
IZAIAH J. SOLOMON, :
Defendant-Appellant. :
Criminal Appeal from the Portage County Court of Common Pleas, Case No. 2014 CR
00650.
Judgment: Appeal dismissed.
Victor V. Vigluicci, Portage County Prosecutor, 241 South Chestnut Street, Ravenna,
OH 44266 (For Plaintiff-Appellee).
Richard E. Hackerd, 231 South Chestnut Street, Ravenna, OH 44266-3023 (For
Defendant-Appellant).
TIMOTHY P. CANNON, J.
{¶1} Appellant, Izaiah J. Solomon, by and through counsel, filed a motion for
leave to file a delayed appeal, pursuant to App.R. 5(A), with this court on July 31, 2018.
On the same date, appellant filed a notice of appeal in the trial court.
{¶2} Appellant appeals the trial court’s December 17, 2014 judgment convicting
him of aggravated robbery, a felony of the first degree, and sentencing him to
community control sanctions after he entered a plea of guilty. The notice also indicates
that appellant appeals the bindover from juvenile court.
{¶3} A timely appeal of the December 17, 2014 entry was due no later than
January 16, 2015, which was not a holiday or a weekend. Thus, the appeal is untimely
by over three years and six months.
{¶4} No brief or response in opposition to the motion for delayed appeal has
been filed.
{¶5} App.R. 4(A)(1) states in relevant part:
{¶6} “* * * [A] party who wishes to appeal from an order that is final upon its
entry shall file the notice of appeal required by App.R. 3 within 30 days of that entry.”
{¶7} App.R. 5(A) provides:
{¶8} “(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 appeal is taken in the following classes of cases:
{¶9} “(a) Criminal proceedings;
{¶10} “(b) Delinquency proceedings; and
{¶11} “(c) Serious youthful offender proceedings.
{¶12} “(2) A motion for leave to appeal shall be filed with the court of appeals
and shall set forth the reasons for the failure of the appellant to perfect an appeal as of
right. Concurrently with the filing of the motion, the movant shall file with the clerk of the
trial court a notice of appeal in the form prescribed by App.R. 3 and shall file a copy of
the notice of the appeal in the court of appeals.”
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{¶13} As reasons for his delay in filing a direct appeal, appellant indicates that
he was not “accurately or fully informed of his appeal rights by the trial court at the time
of his plea.” He contends that the trial court “incorrectly advised [him] that his right to
appeal was waived by the plea.” Further, he asserts he was not informed of his right to
appeal errors relating to the bindover.
{¶14} The precedent of this court is that the reason for failing to perfect an
appeal as of right must be valid—i.e., the reason for delay must justify the length of time
it took to initiate an appeal. See, e.g., State v. Johnson, 11th Dist. Trumbull No. 2013-
T-0121, 2014-Ohio-2015, ¶ 6; State v. Williams, 11th Dist. Trumbull No. 2013-T-0034,
2013-Ohio-3481, ¶ 9.
{¶15} The reasons set forth in appellant’s motion do not justify a three and one-
half year delay in filing an appeal of his conviction and sentence.
{¶16} Appellant’s motion for leave to file a delayed appeal is hereby overruled.
{¶17} Appeal dismissed.
THOMAS R. WRIGHT, P.J.,
DIANE V. GRENDELL, J.,
concur.
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