State v. $1,885 in United States Currency , 2011 Ohio 3038 ( 2011 )

[Cite as State v. $1,885 in United States Currency, 2011-Ohio-3038.]
COURT OF APPEALS
STARK COUNTY, OHIO
FIFTH APPELLATE DISTRICT
JUDGES:
STATE OF OHIO : Hon. W. Scott Gwin, P.J.
: Hon. Julie A. Edwards, J.
Plaintiff-Appellee : Hon. Patricia A. Delaney, J.
:
-vs- :
: Case No. 2011-CA-00036
$1885.00 IN U.S. CURRENCY :
(Criminal Case No. 2009-CR-0437 :
Johnny Brack) : OPINION
Defendant-Appellant
CHARACTER OF PROCEEDING: Civil appeal from the Stark County Court of
Common Pleas, Case No. 09-MI-0131
JUDGMENT: Dismissed
DATE OF JUDGMENT ENTRY: June 20, 2011
APPEARANCES:
For Plaintiff-Appellee For Defendant-Appellant
JOHN D. FERRERO LEISHA SHERRELL-SIMS, PRO SE
STARK COUNTY PROSECUTOR 919 Sandal Place N.E.
BY: GERALD T. YOST Canton, OH 44704
110 Central Plaza S., Ste 510
Canton, OH 44702
[Cite as State v. $1,885 in United States Currency, 2011-Ohio-3038.]
Gwin, P.J.
{¶1} Leisha Sherrell-Sims appeals a judgment of the Court of Common Pleas
of Stark County, Ohio, which found money seized by the North Canton police was the
property of Johnny V. Brack, and ordered the money sent to the clerk of court to apply
to amounts Brack owed on prior cases. Appellant shared a home with Brack. Brack was
arrested on drug charges but acquitted; appellant was never charged with a crime.
{¶2} The court journalized its judgment on December 7, 2010. On January 27,
2011, the court issued a nunc pro tunc entry to correct a scrivener’s error. On February
10, 2011, appellant filed her notice of appeal.
{¶3} App. R. 4 (A) provides a notice of appeal must be filed within 30 days from
the entry of the judgment being appealed. The time requirement is jurisdictional, and
this court has no jurisdiction to review an untimely appeal. Rundle v. Rundle (1997),
123 Ohio App. 3d 304, 305, 704 N.E. 2d 56, citations deleted.
{¶4} A nunc pro tunc order speaks as of the date of the original judgment, and
does not extend the 30-day filing period for an appeal. Gold Touch, Inc. v. TJS Lab,
Inc. (1998), 130 Ohio App. 3d 106, 719 N.E. 2d 629.
Stark County, Case No. 2011-CA-00036 3
{¶5} We find we lack jurisdiction to review this judgment, and accordingly the
appeal is dismissed.
By Gwin, P.J.,
Edwards, J., and
Delaney, J., concur
_________________________________
HON. W. SCOTT GWIN
_________________________________
HON. JULIE A. EDWARDS
_________________________________
PATRICIA A. DELANEY
WSG:clw 0516
[Cite as State v. $1,885 in United States Currency, 2011-Ohio-3038.]
IN THE COURT OF APPEALS FOR STARK COUNTY, OHIO
FIFTH APPELLATE DISTRICT
STATE OF OHIO :
:
Plaintiff-Appellee :
:
:
-vs- : JUDGMENT ENTRY
:
$1885.00 IN U.S. CURRENCY :
(Criminal Case No. 2009-CR-0437
Johnny Brack) :
:
Defendant-Appellant : CASE NO. 2011-CA-00036
For the reasons stated in our accompanying Memorandum-Opinion, the appeal is
dismissed for lack of jurisdiction.
_________________________________
HON. W. SCOTT GWIN
_________________________________
HON. JULIE A. EDWARDS
_________________________________
PATRICIA A. DELANEY