Appellate procedure—App.R. 26(B)—Application for reopening appeal from judgment and conviction based, inter alia, on claim of ineffective assistance of appellate counsel—Application denied when errors present matters outside the record and, thus, are not appropriate for direct appeal.
.]
THE STATE OF OHIO, APPELLEE, v. GONEY, APPELLANT.
[Cite as State v. Goney,
1995-Ohio-58
.]
Appellate procedure—App.R. 26(B)—Application for reopening appeal from
judgment and conviction based, inter alia, on claim of ineffective assistance
of appellate counsel—Application denied when errors present matters
outside the record and, thus, are not appropriate for direct appeal.
(No. 94-2590—Submitted March 21, 1995—Decided June 14, 1995.)
APPEAL from the Court of Appeals for Montgomery County, No. 13474.
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{¶ 1} Appellant, Thomas B. Goney, was convicted of rape, in the Court of
Common Pleas of Montgomery County. He appealed, alleging that it was error for
the trial court to admit evidence of his prior conviction for bank robbery to impeach
his testimony. The court of appeals disagreed and affirmed the conviction. State
v. Goney (1993),
.
{¶ 2} Subsequently, appellant filed an application to reopen his appeal
under App. R. 26(B), alleging, inter alia, ineffective assistance of appellate counsel
for failure to allege the ineffective assistance of trial counsel. The court of appeals
held that several of the errors presented matters outside the record and thus were
not appropriate for direct appeal. The court also found that appellant failed to
demonstrate prejudice in the other claims and denied the application to reopen.
Appellant now appeals to this court.
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Mathias H. Heck, Jr., Montgomery County Prosecuting Attorney, and
Carley J. Ingram, Assistant Prosecuting Attorney, for appellee.
Thomas B. Goney, pro se.
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SUPREME COURT OF OHIO
Per Curiam.
{¶ 3} We affirm the judgment of the court of appeals 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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