Appellate procedure—App.R. 26(B)—Application for reopening appeal from judgment of conviction based on claim of ineffective assistance of appellate counsel—Application denied when motion is untimely and fails to establish good cause for the untimeliness.
.]
THE STATE OF OHIO, APPELLEE, v. PORTER, APPELLANT.
[Cite as State v. Porter,
1994-Ohio-49
.]
Appellate procedure—App.R. 26(B)—Application for reopening appeal from
judgment of conviction based on claim of ineffective assistance of appellate
counsel—Application denied when motion is untimely and fails to establish
good cause for the untimeliness.
(No. 94-865—Submitted August 17, 1994—Decided November 9, 1994.)
APPEAL from the Court of Appeals for Cuyahoga County, No. 57251.
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{¶ 1} Appellant, Paul Porter, was apparently convicted of one count of
aggravated drug trafficking, one count of possessing criminal tools, and one count
of drug abuse. He appealed, and the Court of Appeals for Cuyahoga County
affirmed the conviction. In 1993, he applied to the court of appeals under App. R.
26(B) to reopen the appeal from the judgment of conviction, alleging ineffective
assistance of appellate counsel. The court of appeals denied the application on the
basis that appellant's motion was untimely and failed to establish good cause for
the untimeliness. Appellant appeals the denial to this court.
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Paul Porter, pro se.
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Per Curiam.
{¶ 2} The decision of the court of appeals is affirmed for the reasons stated
by the court of appeals.
Judgment affirmed.
MOYER, C.J., A.W. SWEENEY, DOUGLAS, RESNICK, F.E. SWEENEY and
PFEIFER, JJ., concur.
SUPREME COURT OF OHIO
WRIGHT, J., dissents.
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