State v. Haynes

Petree, Presiding Judge.

Defendant, Shan Haynes, has moved this court, pursuant to App.R. 5(B), for delayed appeal from his conviction. The docketing statement of this court indicates that defendant had previously perfected an appeal as of right by filing a notice of appeal with this court on March 22, 1994, and that defendant voluntary dismissed his appeal on August 5,1994.

App.R. 5(A) states, in part:

“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 in criminal cases, an appeal may be taken only by leave of the court to…