alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
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[Cite as State v. Collica, 2022-Ohio-2000.]

IN THE COURT OF APPEALS OF OHIO

ELEVENTH APPELLATE DISTRICT

PORTAGE COUNTY

STATE OF OHIO,

Plaintiff-Appellee,

- v -

JOSEPH J. COLLICA,

Defendant-Appellant.

CASE NO. 2022-P-0026

Criminal Appeal from the

Court of Common Pleas

Trial Court No. 2018 CR 00433

M E M O R A N D U M

O P I N I O N

Decided: June 13, 2022

Judgment: Appeal dismissed

Victor V. Vigluicci, Portage County Prosecutor, 241 South Chestnut Street, Ravenna, 

OH 44266 (For Plaintiff-Appellee).

Joseph J. Collica, pro se, PID# A753-774, Noble Correctional Institution, 15708 

McConnelsville Road, Caldwell, OH 43724 (Defendant-Appellant).

CYNTHIA WESTCOTT RICE, J.

{¶1} On May 20, 2022, appellant, Joseph J. Collica, pro se, filed a notice of 

appeal from the trial court’s April 14, 2022 entry overruling his motion to withdraw his 

guilty plea. A timely notice was due no later than May 16, 2022, which was not a holiday 

or weekend. The appeal is untimely by four days.

{¶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).
2

Case No. 2022-P-0026

{¶3} “(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 following classes of cases:

{¶4} “(a) Criminal proceedings; * * * 

{¶5} “(2) 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 

* * *.” App.R. 5(A).

{¶6} 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 his appeal. Appellant has a remedy of filing an untimely criminal 

appeal under App.R. 5(A). 

{¶7} Appeal dismissed, sua sponte, as untimely.

THOMAS R. WRIGHT, P.J.,

MARY JANE TRAPP, J.,

concur.
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          OCT-31-2000
<PERIOD-END>                               JUL-31-2000
<CASH>                                          35,199
<SECURITIES>                                         0
<RECEIVABLES>                                1,200,659
<ALLOWANCES>                                   125,000
<INVENTORY>                                    871,704
<CURRENT-ASSETS>                             2,146,190
<PP&E>                                       4,033,824
<DEPRECIATION>                               2,467,270
<TOTAL-ASSETS>                               3,867,695
<CURRENT-LIABILITIES>                        1,644,217
<BONDS>                                      1,452,074
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         1,776
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                   771,404
<SALES>                                      5,759,426
<TOTAL-REVENUES>                             5,759,426
<CGS>                                        4,602,174
<TOTAL-COSTS>                                1,071,398
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             148,362
<INCOME-PRETAX>                                 45,451
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                             45,451
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    45,451
<EPS-BASIC>                                          0
<EPS-DILUTED>                                        0


</TABLE>
##### 



EXHIBIT 32.1
 CERTIFICATION OF CHIEF EXECUTIVE OFFICER
PURSUANT TO 18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
  (1)
    
    The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities
Exchange Act of 1934; and(2)
    
    The information contained in the Report fairly presents, in all material respects,
the financial condition and results of operations of the Company.
 /s/
Bobby R. Johnson, Jr.Bobby R. Johnson, Jr.Chief Executive Officer and President
June 14, 2007
EXHIBIT 99(a)

ASSISTED HOUSING FUND L.P. I  CERTIFICATION OF THE PRESIDENT  PURSUANT TO 18 U.S.C. SECTION 1350

In connection with the Quarterly report of Assisted Housing Fund L.P. I (the "Partnership") on Form 10-Q for the period ending June 30,
2002, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Dottie Jensen, President of Assisted Housing Fund L.P. I, do hereby certify, pursuant to 18 U.S.C.
section 1350, as adopted pursuant to section 906 of the Sarbanes-Oxley Act of 2002, that:



| |  | By: |  | /s/DOTTIE J. JENSENDottie J. Jensen President, Assisted Housing Fund,
L.P. I
| |  | --- |  | ----------------------------------------------------------------------------

14

---

QuickLinks
Exhibit 32.1



CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



In connection with the Quarterly Report of OMNOVA Solutions Inc. (the Company) on Form 10-Q for the quarter ended February 28, 2005 as filed with the Securities and Exchange Commission on the date hereof
(the Report), each of the undersigned officers of the Company certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to such officers knowledge:



| | 1. | The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and
| | -- | ---------------------------------------------------------------------------------------------------------------------



| | 2. | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company as of the dates and for the
periods expressed in the Report.
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|                    |  |        |  |                                                             
|------------------- |  | ------ |  | ------------------------------------------------------------
|Date: April 1, 2005 |  |        |  | /s/ Kevin M. McMullen                                       
|                    |  | Name:  |  | Kevin M. McMullen                                           
|                    |  | Title: |  | Chairman, Chief Executive Officer and
President             
|                    |  |       
|                    |  |        |  | /s/ Michael E. Hicks                                        
|                    |  | Name:  |  | Michael E. Hicks                                            
|                    |  | Title: |  | Senior Vice President and Chief Financial Officer;
Treasurer



The foregoing
certification is being furnished solely pursuant to 18 U.S.C. Section 1350 and is not being filed as part of the Report or as a separate disclosure document.
Order entered October 27, 2017

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-17-01206-CV

ANITA KANE, Appellant

V.

KATHY BRADY, Appellee

On Appeal from the County Court at Law No. 5

Dallas County, Texas

Trial Court Cause No. CC-17-04125-E

ORDER

Before the Court is appellant’s October 26, 2017 motion requesting an exemption from 

payment of this Court’s filing fee. We GRANT the motion. Appellant may proceed without 

payment of the appellate filing fee.

/s/ ELIZABETH LANG-MIERS 

JUSTICE
#### UNITED STATES of America, Plaintiff-Appellee v. Frederick BRANCH, Defendant-Appellant.

No. 08-50747

Conference Calendar.

United States Court of Appeals, Fifth Circuit.

Dec. 8, 2010.

Joseph H. Gay, Jr., Assistant U.S. Attorney, U.S. Attorney’s Office, Western District of Texas, San Antonio, TX, for Plaintiff-Appellee.

Federal Public Defender’s Office, Western District of Texas, San Antonio, TX, for Defendant-Appellant.

Before KING, BENAVIDES, and PRADO, Circuit Judges.

PER CURIAM: *

The Federal Public Defender appointed to represent Frederick Branch has moved for leave to withdraw and has filed a brief in accordance with *Anders v. California,*386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Branch has not filed a response. Our independent review of the record and counsel’s brief discloses no nonfrivolous issue for appeal. Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsi*933bilities herein, and the APPEAL IS DISMISSED. *See*5th Cir. R. 42.2.

*

 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under ble limited circumstances set forth in 5th Cir. R. 47.5.4.
Exhibit 31.1

                                  CERTIFICATION

I, Arthur Barchenko, President, Chief Executive Officer and Chief Financial
Officer of Electronic Control Security Inc., certify that:

1. I have reviewed this annual report on Form 10-KSB of Electronic Control
Security Inc.;

2. Based on my knowledge, this annual report does not contain any untrue
statement of a material fact or omit to state a material fact necessary to make
the statements made, in light of the circumstances under which such statements
are made, not misleading with respect to the period covered by this annual
report;

3. Based on my knowledge, the financial statements, and other financial
information included in this annual report, fairly present in all material
respects the financial condition, results of operations and cash flows of the
registrant as of, and for, the periods presented in this annual report;

4. The registrant's other certifying officers and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined in
Exchange Act Rules 13a-14 and 15d-14) for the registrant and we have:

      a) designed such disclosure controls and procedures to ensure that
material information relating to the registrant, including its consolidated
subsidiaries, is made known to us by others within those entities, particularly
during the period in which this annual report is being prepared;

      b) [Paragraph omitted in accordance with SEC transition instructions];

      c) evaluated the effectiveness of the Registrant's disclosure controls and
procedures and presented in this report our conclusions about the effectiveness
of the disclosure controls and procedures, as of the end of the period covered
by this report based on such evaluation; and

      d) disclosed in this report any change in the Registrant's internal
control over financial reporting that occurred during the Registrant's most
recent fiscal quarter (the Registrant's fourth fiscal quarter in the case of an
annual report) that has materially affected, or is reasonably likely to
materially affect, the Registrant's internal control over financial reporting;
and

5. The Registrant's other certifying officers and I have disclosed, based on our
most recent evaluation, to the registrant's auditors and the audit committee of
the registrant's Board of Directors:

      a) all significant deficiencies in the design or operation of internal
controls which could adversely affect the registrant's ability to record,
process, summarize and report financial data and have identified for the
registrant's auditors any material weaknesses in internal controls; and

<PAGE>

      b) any fraud, whether or not material, that involves management or other
employees who have a significant role in the Registrant's internal controls; and

SIGNATURE                     TITLE                           DATE


/s/ Arthur Barchenko
--------------------
Arthur Barchenko              President,                      October 30, 2003
                              Chief Executive Officer
                              and Chief Financial Officer
EX-4.2



 





EXHIBIT 4.2




[First Citizens Banc Corp Letterhead]




September 27, 2007




Securities and Exchange Commission

100 F Street, NE

Washington, D.C. 20549




Re: Registration Statement on Form S-4 (File No. 333 - 145931)




Ladies and Gentlemen:




First Citizens Banc Corp, an Ohio corporation (“First Citizens”), is today filing Pre-effective
Amendment No. 1 to Form S-4.



Pursuant to the instructions relating to the Exhibits in Item 601(b)(4)(iii) of Regulation S-K,
First Citizens hereby agrees to furnish the Commission, upon request, copies of instruments and
agreements defining the rights of holders of its long-term debt and of the long-term debt of its
consolidated subsidiaries, which are not being filed as exhibits to the Form S-4. None of such
long-term debt exceeds 10% of the total assets of First Citizens and its subsidiaries on a
consolidated basis.



	 	 	 	 	 
	 	Very truly yours,

 	 
	 	  	/s/
Richard J. Dutton
 	 
	 	 	Richard J. Dutton	 
	 	 	Senior Vice President
#### Kurt Jay MEISTER, Plaintiff-Appellant, v. U.S. DEPARTMENT OF AGRICULTURE and United States Forest Service, Defendants-Appellees.

No. 09-1712.

United States Court of Appeals, Sixth Circuit.

Nov. 17, 2010.

Kurt Jay Meister, Law Office, Novi, MI, pro se.

Brian C. Toth, U.S. Department of Justice, Washington, DC, for Defendants-Appellees.

Before: MERRITT, COOK, and KETHLEDGE, Circuit Judges.

ORDER

Our opinion in this case, issued more than 45 days ago, provided that the Forest Service shall have “a reasonable time to adopt a plan that complies with the law.” Op. at 623 F.3d at 380. The opinion also stated that “[njinety days from the date of our mandate seems to us ample time for that compliance.” *Id.*The Service has now petitioned for rehearing, citing various *587contingencies that it thinks could delay its action, and asking us to excise the 90-day deadline from our opinion in this case. The Service requests, instead, a deadline-free remand that allows it to comply with the law on whatever timeline the district court “deems appropriatef.]” Pet. at 9.

We deny the petition. Our opinion expressly provided that “[t]he district court may extend [the 90--day] period upon some showing that the court finds compelling[.]” Op. at 623 F.3d at 380. The ultimate deadline for compliance, therefore, already lies in the very capable hands of the district court. We choose to leave the matter there, and reiterate only that “in any event the Service shall comply forthwith.” *Id.*
EXHIBIT 31.1



CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER



I, Paul K. Danner, certify that:



1) I have reviewed this Quarterly Report on Form 10-Q of Paragon Financial Corporation;



2) Based on my knowledge, this report does not contain any untrue statement of a material
fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report;



3) Based on my knowledge, the financial statements, and other financial information included
in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the Registrant as of, and for, the periods presented in this report;



4) The Registrants other certifying officer and I are responsible for establishing and
maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15e and 15d-15e) for the Registrant and have:



a) designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure
that material information relating to the Company, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared;



b) evaluated the effectiveness of the Companys disclosure controls and
procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures as of the end of the period covered by this report based on such evaluation; and



c) disclosed in this report any changes in the Registrants internal
control over financial reporting that occurred during the Registrants most recent fiscal quarter (the Registrants fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially
affect, the Registrants internal control over financial reporting; and



5) The Companys other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the Registrants auditors and the audit committee of the Registrants Board
of Directors (or persons performing the equivalent functions):



a) all significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the Registrants ability to record, process, summarize and
report financial information; and



b) any fraud, whether or not
material, that involves management or other employees who have a significant role in the Registrants internal control over financial reporting.



|                        |  |        |  |                        
|----------------------- |  | ------ |  | -----------------------
|Date: November 21, 2005 |  | By:    |  | /s/ Paul K. Danner     
|                        |  | Name:  |  | Paul K. Danner         
|                        |  | Title: |  | Chief Executive Officer
**EXHIBIT 32.2**

 

**Assisted Housing Fund L.P. I**

 

**Certification of the Principal AccountingOfficer of the General Partner**

 

Pursuant to 18 U.S.C. Section1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,Brett J. Atkinson, Principal Accounting Officer of Murphey Favre Properties,Inc., General Partner of Assisted Housing Fund L.P. I, does hereby certify thatthis report on Form 10-Q fully complies with the requirements of Section13(a)  or 15(d) of the SecuritiesExchange Act of 1934 and that the information contained in this report fairlypresents, in all material respects, the financial condition and the results ofoperations of the Investor Partnership.

 

 
| By:    | Murphey  Favre Properties, Inc.                |   |   |
|--------|------------------------------------------------|--------|--------|
|   | *General Partner*                              |   |   |
|   |                                           |   |
|   |                                           |   |
| By:    | /s/ Brett J.  Atkinson                         |   |   | Date: | August 14,  2004 |   |
|   | Brett J.  Atkinson                             |   |   |
|   | *Treasurer and**Principal  Accounting Officer* |   |   |
|        |                                                |        |        |  |  |  |

 

 

A signed original of thiswritten statement required by Section 906 has been provided to WashingtonMutual, Inc. and will be retained by Murphey Favre Properties, Inc. andfurnished to the Securities and Exchange Commission or its staff upon request.

 

1

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