State v. Jenkins

SEAN C. GALLAGHER, J., CONCURRING:

{¶ 47} This case has a tortured procedural history that bears noting if only to prevent this issue from arising again. Jenkins failed to timely perfect an appeal as a matter of right under App.R. 4(A) following his conviction. Generally speaking, a defendant in a criminal case may file a motion for a delayed appeal in that situation. App.R. 5(A).

{¶ 48} In this case, however, it was the state that timely perfected an appeal on a question of law concerning the sentence imposed. In State v. Jenkins , 8th Dist. Cuyahoga No. 102462, 2015-Ohio-4583 , 2015 WL…