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STATE v. SMITH

No. 2009-T-0103.

2010 Ohio 317

State of Ohio, Plaintiff-Appellee, v. Timothy Smith, Defendant-Appellant.

Court of Appeals of Ohio, Eleventh District, Trumbull County.

January 29, 2010.

Attorney(s) appearing for the Case

Dennis Watkins, Lake County Prosecutor, and LuWayne Annos, Assistant Prosecutor, Administration Building, Fourth Floor, 160 High Street, N.W., Warren, OH 44481-1092 (For Plaintiff-Appellee).

Timothy Smith, pro se, PID: A481-851, Lake Erie Correctional Institution, P.O. Box 8000, Conneaut, OH 44030-8000 (Defendant-Appellant).

MEMORANDUM OPINION

CYNTHIA WESTCOTT RICE, J.

{¶1} On October 9, 2009, appellant, Timothy Smith, pro se, filed a motion for delayed appeal, pursuant to App.R. 5(A). Along with the motion, appellant filed his notice of appeal, which indicates that he is appealing his judgment entry of conviction of February 25, 2005. Thus, his appeal is untimely by over four and one-half years.

{¶2} Appellee, the state of Ohio, filed...

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