State v. Hoffman , 2024 Ohio 3372 ( 2024 )

[Cite as State v. Hoffman, 2024-Ohio-3372.]
IN THE COURT OF APPEALS OF OHIO
ELEVENTH APPELLATE DISTRICT
TRUMBULL COUNTY
STATE OF OHIO, CASE NO. 2024-T-0058
Plaintiff-Appellee,
Civil Appeal from the
- vs - Court of Common Pleas
COREY D. HOFFMAN,
Trial Court No. 2021 CR 00911
Defendant-Appellant.
MEMORANDUM
OPINION
Decided: September 3, 2024
Judgment: Appeal dismissed
Dennis Watkins, Trumbull County Prosecutor, Administration Building, Fourth Floor, 160
High Street, N.W., Warren, OH 44481 (For Plaintiff-Appellee).
John B. Juhasz, 7081 West Boulevard, Suite 4, Youngstown, OH 44512 (For Defendant-
Appellant).
MARY JANE TRAPP, J.
{¶1} On July 26, 2024, appellant, Corey D. Hoffman, through counsel, filed a
notice of appeal from the trial court’s June 24, 2024 judgment entry dismissing appellant’s
petition for postconviction relief.
{¶2} App.R. 4(A)(1) states that “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.”
{¶3} Furthermore, postconviction proceedings are considered civil in nature.
State v. Nichols, 11 Ohio St.3d 40, 40-42 (1984); see also State v. Jones, 2021-Ohio-
1696, ¶ 6 (11th Dist.).
{¶4} App.R. 4(A)(3) states, in relevant part:
{¶5} “In a civil case, if the clerk has not completed service of notice of the
judgment within the three-day period prescribed in Civ.R. 58(B), the 30-day periods
referenced in App.R. 4(A)(1) and 4(A)(2) begin to run on the date when the clerk actually
completes service.”
{¶6} Here, there is a notation on the docket reflecting the clerk mailed a copy of
the June 24, 2024 entry to appellant, care of counsel, on June 24, 2024, which is within
the three-day period prescribed in Civ.R. 58(B). Therefore, a timely notice of appeal from
the June 24, 2024 entry was due no later than July 24, 2024, which was not a holiday or
weekend. The appeal is untimely by two days. The time requirement for filing a notice
of appeal is jurisdictional in nature and may not be enlarged by an appellate court. State
ex rel. Pendell v. Adams Cty. Bd. of Elections, 40 Ohio St.3d 58, 60 (1988); see also
App.R. 14(B).
{¶7} Accordingly, this appeal is dismissed, sua sponte, as untimely.
MATT LYNCH, J.,
JOHN J. EKLUND, J.,
concur.
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Case No. 2024-T-0058