State v. Simpson

[This opinion has been published in Ohio Official Reports at 

.]




            THE STATE OF OHIO, APPELLEE, v. SIMPSON, APPELLANT.
                       [Cite as State v. Simpson, 

.]
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 failure to
        file the motion within ninety days from journalization of the court of
        appeals’ decision affirming the conviction, as required by App.R.
        26(B)(2)(b).
         (No. 96-587—Submitted May 21, 1996—Decided July 24, 1996.)
     APPEAL from the Court of Appeals for Hamilton County, No. C-941049.
                                  __________________
        {¶ 1} On November 30, 1994, appellant, Marcus Simpson, was convicted
of aggravated trafficking, and was sentenced to a term of imprisonment. Upon
appeal, the conviction was affirmed. State v. Simpson (Sept. 22, 1995), Hamilton
App. No. C-941049, unreported. Appellant’s appeal to this court was dismissed.
State v. Simpson (1996), 

, 

.
        {¶ 2} In December 1995, appellant filed an application for reopening before
the court of appeals 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.
                                  __________________
        Joseph T. Deters, Hamilton County Prosecuting Attorney, and Christian J.
Schaefer, Assistant Prosecuting Attorney, for appellee.
        Marcus Simpson, pro se.
                                  __________________
        Per Curiam.
                           SUPREME COURT OF OHIO




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