State v. McCleskey

[This opinion has been published in Ohio Official Reports at 

.]




          THE STATE OF OHIO, APPELLEE, V. MCCLESKEY, APPELLANT.
                     [Cite as State v. McCleskey, 

.]
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 state sufficient reasons 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).
         (No. 96-579—Submitted May 7, 1996—Decided June 19, 1996.)
     APPEAL from the Court of Appeals for Montgomery County, No. 14351.
                                  __________________
        {¶ 1} Appellant, George B. McCleskey, was convicted of rape, felonious
sexual penetration, gross sexual imposition, and corruption of a minor. Thereafter,
appellant was sentenced to various terms of imprisonment. Upon appeal, the
convictions were affirmed. State v. McCleskey (Nov. 16, 1994), Montgomery App.
No. 14351, unreported, 

.
        {¶ 2} On January 5, 1996, 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 overruled the application on
the grounds that appellant did not state sufficient reasons why the application was
not made within ninety days of the court’s November 1994 judgment entry. This
appeal followed.
                                  __________________
        Mathias H. Heck, Jr., Montgomery County Prosecuting Attorney, and
Carley J. Ingram, Assistant Prosecuting Attorney, for appellee.
        George B. McCleskey, pro se.
                           SUPREME COURT OF OHIO




                             __________________
       Per Curiam.
       {¶ 3} We affirm the judgment of the court of appeals for the reason 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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