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1996 Ohio 31

State v. Jones

Ohio Supreme Court

Decided August 7, 1996

Ohio Supreme Court · decided 1996-08-07

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 demonstrate a colorable claim of ineffective assistance of counsel.

Relies on 76 Ohio St. 3d 260 - State v. Jones

Decided 1996-08-07

[This opinion has been published in Ohio Official Reports at 
76 Ohio St.3d 260
.]




              THE STATE OF OHIO, APPELLEE, v. JONES, APPELLANT.
                        [Cite as State v. Jones, 
1996-Ohio-31
.]
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 demonstrate a colorable claim
        of ineffective assistance of counsel.
         (No. 96-195—Submitted May 7, 1996—Decided August 7, 1996.)
      APPEAL from the Court of Appeals for Franklin County, No. 89AP-424.
                                  __________________
        {¶ 1} Appellant, Raymond E. Jones, was convicted of aggravated robbery
and robbery, with a gun specification. The trial court merged the offenses and
sentenced Jones to prison. The court of appeals affirmed the conviction and
sentence. State v. Jones (Mar. 13, 1990), Franklin App. No. 89AP-424, unreported,
1990 WL 26126
, appeal dismissed (1990), 
53 Ohio St.3d 703
, 
558 N.E.2d 57
.
        {¶ 2} In mid-1995, Jones filed with the court of appeals an application to
reopen his appeal under App.R. 26(B), alleging ineffective assistance of his
appellate counsel. The court of appeals held that Jones had “failed to demonstrate
a colorable claim of ineffective assistance of counsel” and denied his application
for reopening. Jones now appeals that denial to this court.
                                  __________________
        Raymond E. Jones, pro se.
                                  __________________
                                 SUPREME COURT OF OHIO




        Per Curiam.
        {¶ 3} We affirm the judgment of the court of appeals for the reasons stated
in its decision.1
                                                                  Judgment affirmed.
        MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER, COOK and
STRATTON, JJ., concur.
                                   __________________




1. Appellant’s motion for the appointment of counsel is denied.




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