[Cite as State v. Crytzer , 2020-Ohio-3244.]

IN THE COURT OF APPEALS

ELEVENTH APPELLATE DISTRICT

A SHTABUL A COUNTY, OHIO

STATE OF OHIO, : MEMORANDUM OPINION Plaintiff-Appellee, : CASE NO. 2020- A -0020 - vs - : KYLE ROBERT CRYTZER, : Defendant-Appellant. :

Criminal Appeal from the Court of Common Pleas, Case No. 2017 CR 00373.

Jud g ment: Dismissed.

Cecilia M. Cooper, Ashtabula County Prosecutor, and Shelley M. Pratt, Assistant Prosecutor, Ashtabula County Courthouse, 25 West Jefferson Stre et, Jefferson, OH 44047-1092 ( For Plaintiff-Appellee )

. Kyle Robert Crytzer, pro se, PID# A753-828, Belmont Correctional Institution, 68518 Bannock Road, P.O. Box 540, St. Clai r sville, OH 43950 ( Defendant-Appellant )

.

MARY JANE TRAPP, J. {¶1} Appellant, Kyle Robert Crytzer, pro se, filed a motion for leav e to file a delayed appeal, pursuant to App.R. 5(A), on March 26, 2020. No notice of appeal was filed. In his motion, Mr. Crytzer indicates that he is appeali ng the trial court’s October 5, 2018 entry denying a motion for new trial. {¶2} A timely notice of appeal from the October 5 entry was due no l ater than November 5, 2018. Thus, the app eal is untimely by almost one y ear and five months.2 {¶3} Appellee, the state of Ohio, filed a response opposing the moti on on March 30, 2020. {¶4} App.R. 4(A)(1) states in relevant part: {¶5} “* * * [A] party who wishes to appeal from an order that is fin al upon its entry shall file the notice of appeal required by App.R. 3 with in 30 days of that entry.” {¶6} App.R. 5(A) provides: {¶7} “(1) 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 followin g classes of cases: {¶8} “(a) Criminal proceedings; * * * {¶9} “(2) A motion for leave to appeal shall be filed with the cour t of appeals and shall set forth the reasons for the failure of the appellan t to perfect an appeal as of right. Concurrently with the filing of the motion, the movant shall file with the clerk of the trial court a notice of appeal in the form prescribed by App.R. 3 and shall file a copy of the notice of the appeal in the court of appeals.” {¶10} As reasons for his untimely appeal, Mr. Crytzer asserts that he has little to no experience in perfecting legal paperwork and has had to get assistance from inmate law clerks in the prison law library. Further, he contends tha t the library has been closed and unavailable for extended periods while he has been i ncarcerated at Belmont

Correctional Institution. {¶11} The record reflects that Mr. Crytzer perfected a previous appea l from the trial court’s October 5, 2018 sentencing entry in State v. Crytzer, 11th Dist. Ashtabula No. 2018-A-0077, 2019-Ohio-2285. As the state correctly notes, Mr. Crytzer had the3 opportunity to also appeal the October 5, 2018 entry denying hi s motion for new trial in the course of his previous appeal. We agree, and find that the reasons set forth in Mr. Crytzer’s motion are not convincing. Not only could Mr. Crytze r have appealed the denial of his motion for new trial in his previous appeal, but his reasons do not justify an almost one year and five month delay in filing the present appe al. {¶12} Additionally, App.R. 5(A) requires that a notice of appeal be f iled with the trial court concurrently with t he filing of a motion for delaye d appeal with this court. No notice of appeal was filed. {¶13} For the foregoing reasons, Mr. Crytzer’s motion for leave to fi le a delayed appeal is overruled. {¶14} This matter is dismissed.

CYNTHIA WESTCOTT RICE, J., MATT LYNCH, J.,

concur.