State v. Vega - Untimely Criminal Appeal Dismissed
Summary
The Ohio Court of Appeals for the Eleventh Appellate District dismissed the criminal appeal of Michael A. Vega. The court found the appeal to be untimely filed, as it was submitted three days after the deadline and without a motion for leave to appeal.
What changed
The Ohio Court of Appeals, Eleventh Appellate District, has dismissed the criminal appeal filed by Michael A. Vega in Case No. 2025-L-136. The court determined that the notice of appeal, filed on November 17, 2025, was untimely as it exceeded the 30-day period prescribed by App.R. 4(A)(1) from the October 15, 2025 judgment entry of sentence. The appellant also failed to seek leave to appeal under App.R. 5(A).
This dismissal means the appellate court lacks jurisdiction to hear the case. While the court noted that an option to file an untimely criminal appeal with leave under App.R. 5(A) exists, the current appeal was dismissed sua sponte due to its untimeliness. Costs are to be taxed against the appellant.
What to do next
- Review appellate filing deadlines and procedures for criminal cases in Ohio.
- Ensure all notices of appeal are filed within the 30-day window or accompanied by a motion for leave to appeal.
Penalties
Costs shall be taxed against appellant.
Source document (simplified)
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Top Caption Syllabus Combined Opinion The text of this document was obtained by analyzing a scanned document and may have typos.
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March 2, 2026 Get Citation Alerts Download PDF Add Note
State v. Vega
Ohio Court of Appeals
- Citations: 2026 Ohio 711
- Docket Number: 2025-L-136
Judges: Eklund
Syllabus
APPELLATE REVIEW – App.R. 4(A)(1); untimely criminal appeal; has not sought leave to appeal under App.R. 5(A); appeal dismissed.
Combined Opinion
[Cite as State v. Vega, 2026-Ohio-711.]
IN THE COURT OF APPEALS OF OHIO
ELEVENTH APPELLATE DISTRICT
LAKE COUNTY
STATE OF OHIO, CASE NO. 2025-L-136
Plaintiff-Appellee,
Criminal Appeal from the
- vs - Court of Common Pleas
MICHAEL A. VEGA,
Trial Court No. 2024 CR 000850
Defendant-Appellant.
MEMORANDUM OPINION AND JUDGMENT ENTRY
Decided: March 2, 2026
Judgment: Appeal dismissed
Charles E. Coulson, Lake County Prosecutor, Lake County Administration Building, 105
Main Street, P.O. Box 490, Painesville, OH 44077 (For Plaintiff-Appellee).
Michael A. Vega, pro se, 1475 Chapel Road, Jefferson, OH 44047 (Defendant-
Appellant).
JOHN J. EKLUND, J.
{¶1} On November 17, 2025, appellant, Michael A. Vega, filed a pro se notice of
appeal from the Lake County Court of Common Pleas’ October 15, 2025 judgment entry
of sentence.
{¶2} “[A] party who wishes to appeal from an order that is final upon its entry
shall file the notice of appeal required by App.R. 3 within 30 days of that entry.” App.R.
4(A)(1).
{¶3} App.R. 5(A)(1) states:
{¶4} “After the expiration of the thirty day period provided by App.R. 4(A) for the
filing of a notice of appeal as of right, an appeal may be taken by a defendant with leave
of the court to which the appeal is taken in the following classes of cases:
{¶5} “(a) Criminal proceedings . . .”
{¶6} App.R. 5(A)(2) further provides that “[a] motion for leave to appeal shall be
filed with the court of appeals and shall set forth the reasons for the failure of the appellant
to perfect an appeal as of right.”
{¶7} A timely notice of appeal from the October 15, 2025 entry was due no later
than November 14, 2025, which was not a holiday or weekend. The appeal is untimely
by three days.
{¶8} Appellant has neither complied with the thirty-day rule set forth in App.R.
4(A)(1) nor sought leave to appeal under App.R. 5(A). Thus, this court is without
jurisdiction to consider the appeal. Appellant has a remedy of filing an untimely criminal
appeal under App.R. 5(A).
{¶9} Accordingly, this appeal is hereby dismissed, sua sponte, as untimely.
EUGENE A. LUCCI, J.,
SCOTT LYNCH, J.,
concur.
PAGE 2 OF 3
Case No. 2025-L-136
JUDGMENT ENTRY
For the reasons stated in the memorandum opinion of this court, it is ordered that
this appeal is hereby dismissed, sua sponte, as untimely.
Any pending motions are hereby overruled as moot.
Costs shall be taxed against appellant.
JUDGE JOHN J. EKLUND
JUDGE EUGENE A. LUCCI,
concurs
JUDGE SCOTT LYNCH,
concurs
THIS DOCUMENT CONSTITUTES A FINAL JUDGMENT ENTRY
A certified copy of this opinion and judgment entry shall constitute the mandate
pursuant to Rule 27 of the Ohio Rules of Appellate Procedure.
PAGE 3 OF 3
Case No. 2025-L-136
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