State v. Luna

[This opinion has been published in Ohio Official Reports at 

.]




              THE STATE OF OHIO, APPELLEE, V. LUNA, APPELLANT.
                         [Cite as State v. Luna, 

.]
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).
       (No. 95-2288--Submitted February 6, 1996--Decided March 5, 1996.)
        APPEAL from the Court of Appeals for Huron County, No. H-93-24.
                                  __________________
        {¶ 1} Appellant, Michael K. Luna, was convicted of possession of
marijuana in 1993. The offense was elevated to a second-degree felony based on
appellant’s prior conviction of a drug-abuse offense. Upon appeal, the conviction
was affirmed. State v. Luna (Sept. 2, 1994), Huron App. No. H-93-24,
unreported, 

.
        {¶ 2} On September 28, 1995, appellant filed with the court of appeals a
“motion for reopening direct appeal pursuant to App.R. 26(B).” The court of
appeals denied the motion as untimely without good cause shown. This appeal
followed.
                                  __________________
Michael K. Luna, pro se.
                                  __________________
        Per Curiam.
        {¶ 3} We affirm the decision of the court of appeals for the reason stated
in its judgment entry.
                                                                       Judgment affirmed.
                         SUPREME COURT OF OHIO




       MOYER, C.J., DOUGLAS, WRIGHT, RESNICK, F.E. SWEENEY, PFEIFER and
COOK, JJ., concur.




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