State v. Lemon , 2023 Ohio 2027 ( 2023 )

[Cite as State v. Lemon, 2023-Ohio-2027.]
IN THE COURT OF APPEALS OF OHIO
ELEVENTH APPELLATE DISTRICT
LAKE COUNTY
STATE OF OHIO, CASE NO. 2023-L-047
Plaintiff-Appellee,
Criminal Appeal from the
- vs - Court of Common Pleas
RAMONE D. LEMON,
Trial Court No. 2021 CR 000518
Defendant-Appellant.
MEMORANDUM
OPINION
Decided: June 20, 2023
Judgment: Appeal dismissed
Charles E. Coulson, Lake County Prosecutor, Lake County Administration Building, 105
Main Street, P.O. Box 490, Painesville, OH 44077 (For Plaintiff-Appellee).
Ramone D. Lemon, pro se, PID# A791-012, Trumbull Correctional Institution, 5701
Burnett Street, P.O. Box 901, Leavittsburg, OH 44430 (Defendant-Appellant).
MARY JANE TRAPP, J.
{¶1} On May 4, 2023, appellant, Ramone D. Lemon, pro se, filed a motion for
leave to file a delayed appeal pursuant to App.R. 5(A). No notice of appeal was filed with
the trial court.
{¶2} App.R. 5(A) provides:
{¶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 appeal is taken in the following classes of cases:
{¶4} “(a) Criminal proceedings;
{¶5} “(b) Delinquency proceedings; and
{¶6} “(c) Serious youthful offender proceedings.
{¶7} “(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. The movant also shall furnish an additional
copy of the notice of appeal and a copy of the motion for leave to appeal to the clerk of
the court of appeals who shall serve the notice of appeal and the motions upon the
prosecuting attorney.” (Emphasis added.)
{¶8} Appellant has not complied with App.R. 5(A) because he failed to file a
notice of appeal in the trial court concurrently with the filing of his motion for leave to
appeal with this court. See State v. Fisher, 46 Ohio App.2d 279 (1975). In addition,
appellant’s motion fails to advance reasons for filing an untimely appeal from the
November 5, 2019 entry he is appealing.
{¶9} Thus, appellant’s pro se motion is overruled. This matter is dismissed.
{¶10} We note that appellant is not barred from filing a new motion for leave to
appeal with this court and a notice of appeal in the trial court.
MATT LYNCH, J.,
EUGENE A. LUCCI, J.,
concur.
2
Case No. 2023-L-047