State v. Gaspare ( 2024 )

[Cite as State v. Gaspare, 2024-Ohio-636.]
IN THE COURT OF APPEALS OF OHIO
ELEVENTH APPELLATE DISTRICT
GEAUGA COUNTY
STATE OF OHIO, CASE NO. 2024-G-0006
Plaintiff-Appellee,
Criminal Appeal from the
- vs - Court of Common Pleas
GEORGE J. GASPARE,
Trial Court No. 2022 C 000253
Defendant-Appellant.
MEMORANDUM
OPINION
Decided: February 20, 2024
Judgment: Appeal dismissed
James R. Flaiz, Geauga County Prosecutor, Courthouse Annex, 231 Main Street, Suite
3A, Chardon, OH 44024 (For Plaintiff-Appellee).
George J. Gaspare, pro se, PID# A810-053, Lake Erie Correctional Institution, 501
Thompson Road, P.O. Box 8000, Conneaut, OH 44030 (Defendant-Appellant).
MATT LYNCH, J.
{¶1} On January 19, 2024, appellant, George J. Gaspare, pro se, appealed the
trial court’s December 19, 2023 sentencing entry. A timely notice was due January 18,
2024, which was not a holiday or weekend.
{¶2} Thus, the appeal is untimely filed by one day. In addition, there is already
a timely appeal from the December 19, 2023 entry presently before this court in 11th Dist.
Geauga No. 2024-G-0004, which would make this a duplicate appeal.
{¶3} “* * * [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.” App.R.
4(A)(1).
{¶4} This appeal is dismissed, sua sponte, as untimely and as a duplicate
appeal.
MARY JANE TRAPP, J.,
JOHN J. EKLUND, J.,
concur.
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Case No. 2024-G-0006