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 show good cause for failing to file motion within ninety days from journalization of court of appeals' decision affirming the conviction, as required by App.R. 26(B).
.]
THE STATE OF OHIO, APPELLEE, V. WHITE, APPELLANT.
[Cite as State v. White,
1996-Ohio-1
.]
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 show good cause for failing to
file motion within ninety days from journalization of court of appeals’
decision affirming the conviction, as required by App.R. 26(B).
(No. 95-2471—Submitted February 20, 1996—Decided April 17, 1996.)
APPEAL from the Court of Appeals for Clark County, No. 1999.
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{¶ 1} According to appellant, Dale D. White, in 1984 he was convicted of
aggravated robbery with a firearm specification and with having a weapon while
under a disability. Upon appeal, the conviction was affirmed. State v. White (July
22, 1985), Clark App. No. 1999, unreported. Appellant’s further appeal to this
court was dismissed, sua sponte. State v. White, case No. 86-76.
{¶ 2} On September 13, 1995, appellant filed with the court of appeals a
delayed application for reopening pursuant to App. R. 26(B), alleging ineffective
assistance of appellate counsel. The court of appeals denied the motion as untimely
without good cause shown as required by App. R. 26(B)(2)(b). This appeal
followed.
__________________
Dale D. White, pro se.
__________________
SUPREME COURT OF OHIO
Per Curiam.
{¶ 3} We affirm the decision of the court of appeals for the reason stated in
its judgment entry.
Judgment affirmed.
MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER and COOK, JJ.,
concur.
WRIGHT, J., not participating.
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