State v. Luna

[This opinion has been published in Ohio Official Reports at 

.]




               THE STATE OF OHIO, APPELLEE, v. LUNA, APPELLANT.
                         [Cite as State v. Luna, 

.]
Appellate procedure—Application for reopening appeal from judgment and
        conviction based on claim of ineffective assistance of appellate counsel—
        Application denied when applicant fails to assert a colorable claim of
        ineffective assistance of appellate counsel.
       (No. 94-233—Submitted April 24, 1995—Decided August 9, 1995.)
        APPEAL from the Court of Appeals for Huron County, No. H-93-24.
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        {¶ 1} Appellant, Michael K. Luna, was convicted of marijuana possession
with a specification of a prior drug abuse felony and sentenced to from four to
fifteen years in prison.
        {¶ 2} The court assigned appellant a series of three appellate attorneys, each
withdrawing after appellant moved to dismiss them. Throughout this time appellant
represented himself by filing various pro se motions and his own assignments of
error. State v. Luna (May 16, 1994), Huron App. No. H-93-24, unreported. After
appellant's third motion to dismiss and request for a fourth counsel, the court of
appeals construed appellant's conduct to be an effective waiver of his right to
appointed counsel.
        {¶ 3} Appellant filed a pro se application to reopen on September 9, 1994.
He argued that he was ineffective as his own appellate counsel after being forced
to represent himself by the incompetency of appointed counsel. Appellant stated he
failed to include two assignments of error in his appeal and was therefore
ineffective.    Appellant also contended the courts had conspired to alter his
transcript, thereby undermining effective assistance of any counsel.
                             SUPREME COURT OF OHIO




         {¶ 4} The court of appeals denied his application for reopening and motion
to supplement same, stating appellant had "failed to assert a colorable claim of
ineffective assistance of appellate counsel …." Appellant now appeals to this
court.
                               __________________
         Michael K. Luna, pro se.
                               __________________
         Per Curiam.
         {¶ 5} We affirm the decision of the court of appeals for the reasons stated
in its judgment entry.
                                                                Judgment affirmed.
         MOYER, C.J., DOUGLAS, WRIGHT, RESNICK, F.E. SWEENEY, PFEIFER and
COOK, JJ., concur.
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