State v. Johnson

[This opinion has been published in Ohio Official Reports at 

.]




            THE STATE OF OHIO, APPELLEE, v. JOHNSON, APPELLANT.
                     [Cite as State v. Johnson, 

.]
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 establish a genuine issue as to
        whether he was deprived of the effective assistance of counsel on appeal,
        as required by App.R. 26(B)(5).
       (No. 96-576—Submitted July 10, 1996—Decided August 21, 1996.)
     APPEAL from the Court of Appeals for Montgomery County, No. 13981.
                                  __________________
        {¶ 1} Appellant, Bruce A. Johnson, was convicted of aggravated robbery
and five counts of kidnapping, and each charge included a firearm specification.
The trial court sentenced Johnson to prison, and the court of appeals affirmed the
conviction. State v. Johnson (Feb. 10, 1995), Montgomery App. No. 13981,
unreported, 

, appeal not allowed (1995), 

, 

.
        {¶ 2} In May 1995, Johnson filed with the court of appeals an application
to reopen his appeal under App.R. 26(B), alleging ineffective assistance of
appellate counsel. The court of appeals denied Johnson’s application to reopen,
finding that the state had refuted each of Johnson’s claims. Johnson now appeals
that denial to this court.
                                  __________________
        Mathias H. Heck, Jr., Montgomery County Prosecuting Attorney, and
George A. Katchmer, Jr., Assistant Prosecuting Attorney, for appellee.
        Bruce A. Johnson, pro se.
                                  __________________
                            SUPREME COURT OF OHIO




       Per Curiam.
       {¶ 3} We affirm the judgment of the court of appeals. Appellant has failed
to establish “a genuine issue as to whether the applicant was deprived of the
effective assistance of counsel on appeal,” as required by App.R. 26(B)(5).
                                                               Judgment affirmed.
       MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER, COOK and
STRATTON, JJ., concur.
                              __________________




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