State v. Wooten

[Cite as State v. Wooten, 2015-Ohio-3646.]
IN THE COURT OF APPEALS
ELEVENTH APPELLATE DISTRICT
ASHTABULA COUNTY, OHIO
STATE OF OHIO, : MEMORANDUM OPINION
Plaintiff-Appellee, :
CASE NO. 2015-A-0038
- vs - :
FLOYD WOOTEN, :
Defendant-Appellant. :
Criminal Appeal from the Ashtabula County Court of Common Pleas, Case No. 2011
CR 297
Judgment: Appeal dismissed.
Nicholas A. Iarocci, Ashtabula County Prosecutor, and Shelley M. Pratt, Assistant
Prosecutor, Ashtabula County Courthouse, 25 West Jefferson Street, Jefferson, OH
44047-1092 (For Plaintiff-Appellee).
Floyd Wooten, pro se, PID: A624-882, Lake Erie Correctional Institution, P.O. Box
8000, Conneaut, OH 44030 (Defendant-Appellant).
THOMAS R. WRIGHT, J.
{¶1} This matter is before this court on appellant’s pro se notice of appeal filed
July 29, 2015. On the notice, appellant indicates that he is appealing a July 2, 2015
“Sentencing Journal.” However, attached to his notice is the trial court’s July 2, 2013
“Judgment Entry of Re-Sentence.” The trial court docket confirms that the date of the
sentencing order is July 2, 2013, and that there were no other sentencing orders issued
after that date.
{¶2} We note that an appeal from the July 2, 2013 sentencing order would be
untimely pursuant to App.R. 4(A). However, in addition to being filed out of the 30-day
time frame, this is a duplicate appeal of appellant’s previous appeal, State v. Wooten,
11th Dist. Ashtabula App. No. 2013-A-0044, 2014-Ohio-725, which was affirmed by this
court on March 3, 2014.
{¶3} Therefore, the appeal is hereby dismissed sua sponte, as being
duplicative.
{¶4} Appeal dismissed.
TIMOTHY P. CANNON, P.J.,
CYNTHIA WESTCOTT RICE, J.,
concur.
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