State v. Yauger

[This opinion has been published in Ohio Official Reports at 

.]




            THE STATE OF OHIO, APPELLEE, v. YAUGER, APPELLANT.
                       [Cite as State v. Yauger, 

.]
Appellate procedure—Application for reopening appeal from judgment and
        conviction based on claim of ineffective assistance of appellate counsel—
        Application denied when there is no evidence that applicant’s counsel’s
        performance      fell   below     an    objective    standard     of   reasonable
        representation and thus prejudiced applicant.
          (No. 96-719—Submitted June 4, 1996—Decided July 31, 1996.)
  APPEAL from the Court of Appeals for Tuscarawas County, No. 93AP 080055.
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        {¶ 1} Appellant, Ricky Yauger, was convicted in July 1993 of aggravated
robbery with a gun specification. The trial court sentenced Yauger to prison, and
the court of appeals affirmed. State v. Yauger (Jan. 10, 1995), Tuscarawas App.
No. 93AP080055, unreported, 

.
        {¶ 2} On March 23, 1995, appellant filed an application with the court of
appeals to reopen his appeal under App.R. 26(B), alleging the ineffective assistance
of appellate counsel. Although at first the court of appeals reinstated the appeal,
the court dismissed the appeal on May 22, 1995 for want of prosecution. On June
15, 1995, appellant filed a motion to reinstate his appeal and a motion for
appointment of counsel. The court of appeals reinstated the appeal and appointed
counsel. (Ex. A, Appellee’s brief).
        {¶ 3} Although the court of appeals reinstated the appeal, it reaffirmed the
trial court’s judgment, finding, inter alia, no evidence that appellate “counsel’s
performance fell below an objective standard of reasonable representation and thus
prejudiced appellant.” Appellant has now appealed that decision to this court.
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                            SUPREME COURT OF OHIO



        Scott J. Mastin, Tuscarawas County Assistant Prosecuting Attorney, for
appellee.
        Ricky Yauger, pro se.
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        Per Curiam.
        {¶ 4} We affirm the judgment of the court of appeals for the reasons stated
in its decision.
                                                            Judgment affirmed.
        MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER, COOK and
STRATTON, JJ., concur.
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