COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
 
                       COUNTY OF CUYAHOGA
 
                           No. 83672
 
STATE OF OHIO                :
                             :       JOURNAL ENTRY
    Plaintiff-Appellee       :
                             :           AND
    vs.                      :
                             :         OPINION
EUGENE NICHOLS               :
                             :
    Defendant-Appellant      :
                             :
                             :
DATE OF ANNOUNCEMENT
OF DECISION                  :    JUNE 24, 2004
                             :
CHARACTER OF PROCEEDINGS     :    Criminal appeal from
                             :    Common Pleas Court
                             :    Case No. CR-423268
                             :
JUDGMENT                     :    DISMISSED.
 
DATE OF JOURNALIZATION       :
 
APPEARANCES:
 
For plaintiff-appellee:      WILLIAM D. MASON, ESQ.
                             Cuyahoga County Prosecutor
                             BY: MATTHEW T. NORMAN, ESQ.
                                  Assistant Prosecuting Attorney
                             The Justice Center, 9th Floor
                             1200 Ontario Street
                             Cleveland, Ohio 44113
 
For defendant-appellant:     THOMAS A. REIN, ESQ.
                             930 Leader Building
                             526 Superior Avenue
                             Cleveland, Ohio 44114
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                -2-
 
FRANK D. CELEBREZZE, JR., J.:
 
     Appellant, Eugene Nichols, appeals the sentences handed down
 
by the Cuyahoga County Court of Common Pleas relative to plea
 
bargains entered in three separate cases. After reviewing the
 
record and for the reasons set forth below, we dismiss this appeal.
 
     App.R. 4 requires that a notice of appeal be filed within
 
thirty days of the entry of judgment. Appellant was sentenced in
 
the cases at bar on August 9, 2002 and June 20, 2003; his notice of
 
appeal was not filed until October 24, 2003. Because appellant has
 
not filed a motion for leave to file a delayed appeal, and because
 
his assignments of error address only the original sentence and not
 
the probation violation hearing held on October 10, 2003, we find
 
his appeal time-barred.
 
     Appeal dismissed.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                               -3-
 
     It is ordered that appellees recover of appellants costs
 
herein taxed.
 
     A certified copy of this entry shall constitute the mandate
 
pursuant to Rule 27 of the Rules of Appellate Procedure.
 
 
 
                                   FRANK D. CELEBREZZE, JR.
                                              JUDGE
PATRICIA A. BLACKMON, P.J., AND
 
KENNETH A. ROCCO, J., CONCUR.
 
 
 
 
N.B. This entry is an announcement of the court's decision. See
App.R. 22(B), 22(D) and 26(A); Loc.App.R. 22. This decision will
be journalized and will become the judgment and order of the court
pursuant to App.R. 22(E) unless a motion for reconsideration with
supporting brief, per App.R. 26(A), is filed within ten (10) days
of the announcement of the court's decision. The time period for
review by the Supreme Court of Ohio shall begin to run upon the
journalization of this court's announcement of decision by the
clerk per App.R. 22(E). See, also, S.Ct.Prac.R. II, Section
2(A)(1).
 
.