Appellate procedure—Application for reopening appeal from judgment and conviction based on claim of ineffective assistance of appellate counsel—Application denied when not filed within ninety days of journalization of appellate judgment—App.R. 26(B).
.]
THE STATE OF OHIO, APPELLEE, v. KING, APPELLANT.
[Cite as State v. King,
1994-Ohio-54
.]
Appellate procedure—Application for reopening appeal from judgment and
conviction based on claim of ineffective assistance of appellate counsel—
Application denied when not filed within ninety days of journalization of
appellate judgment—App.R. 26(B).
(No. 94-1396—Submitted October 11, 1994—Decided December 7, 1994.)
APPEAL from the Court of Appeals for Knox County, No. 88-CA-45.
__________________
{¶ 1} Appellant, Dale E. King, alleges he was convicted of rape and
burglary. He appealed, and the court of appeals affirmed the conviction by
judgment entry of August 14, 1989. He applied to the court of appeals to reopen
the appeal from the judgment of conviction, alleging ineffective assistance of
counsel pursuant to App. R. 26(B). The court of appeals denied the application on
the basis that appellant failed to show good cause for failing to file the application
within ninety days after the court of appeals' decision had been journalized, as
required by App. R. 26(B)(2)(b). Appellant appeals the denial to this court.
__________________
John W. Baker, Knox County Prosecuting Attorney, and Robert J.
McClaren, Assistant Prosecuting Attorney, for appellee.
Dale E. King, pro se.
__________________
Per Curiam.
{¶ 2} The decision of the court of appeals is affirmed for the cited reason
stated therein.
Judgment affirmed.
SUPREME COURT OF OHIO
MOYER, C.J., A.W. SWEENEY, DOUGLAS, WRIGHT, RESNICK, F.E. SWEENEY
and PFEIFER, JJ., concur.
__________________
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