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STATE v. FISHER

No. 75AP-412.

46 Ohio App. 2d 279 (1975)

THE STATE OF OHIO, APPELLEE, v. FISHER, APPELLANT.

Court of Appeals of Ohio, Franklin County.

Decided December 2, 1975.

Attorney(s) appearing for the Case

Mr. George C. Smith, prosecuting attorney, and Mr. Alan C. Travis, for appellee.

Mr. Lewis William Dye, for appellant.

HOLMES, J.

This matter involves the filing of a motion for leave of court to file a delayed appeal in a criminal matter, the defendant-appellant having failed to file a notice of appeal as of right, under App. R. 4(B).

The prosecuting attorney has filed a memorandum contra, based upon the fact that defendant failed to file a notice of appeal with the clerk of the Court of Common Pleas, as required by App. R. 5(A). The specific portion of App. R. 5(A) applicable...

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