State v. Fisher

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. E. 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. E. 5(A) applicable here is as follows:

“ * * * Concurrently with the filing of the motion the movant shall file with the clerk of the trial court a notice of appeal…