State v. Bass

[This opinion has been published in Ohio Official Reports at 

.]




               THE STATE OF OHIO, APPELLEE, v. BASS, APPELLANT.
                        [Cite as State v. Bass, 

.]
Appellate procedure—App.R. 26(B)—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
        after journalization of appellate judgment and the appellate court finds no
        genuine issue of ineffective assistance of appellate counsel.
     (No. 94-2301—Submitted January 24, 1995—Decided March 22, 1995.)
         APPEAL from the Court of Appeals for Allen County, No. 1-90-43.
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        {¶ 1} Appellant, Dexter A. Bass, pled guilty to murder and, by judgment
entry of March 30, 1990, was sentenced to fifteen years to life imprisonment and
fined $10,000. Pursuant to appellant's motion, the Court of Appeals for Allen
County dismissed his direct appeal by journal entry of December 26, 1990.
Thereafter, appellant filed an application to reopen his direct appeal pursuant to
App. R. 26 (B), alleging ineffective assistance of appellate counsel. The court of
appeals denied the application, finding that appellant had failed to file the
application within ninety days after journalization of the appellate judgment or to
show good cause for filing later, as required by App. R. 26 (B) (1), and that there
was no genuine issue of ineffective assistance of counsel because appellant's appeal
had been dismissed pursuant to his affidavit and motion to withdraw the appeal.
        {¶ 2} Appellant appeals the decision of the court of appeals to this court.
                                  __________________
        David E. Bowers, Allen County Prosecuting Attorney, and Gary R.
Hermon, Assistant Prosecuting Attorney, for appellee.
        Dexter A. Bass, pro se.
                             SUPREME COURT OF OHIO




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        Per Curiam.
        {¶ 3} The decision of the court of appeals is affirmed for the reasons stated
in its opinion.
                                                                 Judgment affirmed.
        MOYER, C.J., DOUGLAS, WRIGHT, RESNICK, F.E. SWEENEY, PFEIFER and
COOK, JJ., concur.
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