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State v. Corpening
Citation: 2018 Ohio 2678Docket: 2018-A-0041
Court: Ohio Court of Appeals; July 9, 2018; Ohio; State Appellate Court
Original Court Document: View Document
Richard Thomas Corpening filed a pro se notice of appeal on May 10, 2018, seeking a delayed appeal from the Ashtabula Court of Common Pleas' judgment dated March 5, 2018, which denied his motion to withdraw his guilty plea. The State of Ohio opposed this motion on May 18, 2018. Under Appellate Rule 5(A), a defendant may seek leave to appeal after the standard thirty-day period if they provide reasons for the delay. Corpening's motion, however, did not include any justification for his late filing, rendering it procedurally defective. Consequently, the court overruled the motion for leave to appeal and dismissed the appeal. Judge Cynthia Wescott Rice concurred with the dismissal, while Judge Colleen Mary O’Toole dissented.