1996 OHIO 42 - State v. Taylor

[This opinion has been published in Ohio Official Reports at

75 Ohio St.3d 457

.]




             THE STATE OF OHIO, APPELLEE, v. TAYLOR, APPELLANT.
                       [Cite as State v. Taylor,

1996-Ohio-42

.]
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 genuine issue as
        to whether he was deprived of the effective assistance of counsel on
        appeal.
       (No. 95-2461—Submitted March 19, 1996—Decided May 15, 1996.)
    APPEAL from the Court of Appeals for Ashtabula County, No. 93-A-1812.
                                  __________________
        {¶ 1} In June 1993, appellant, Gary D. Taylor, was convicted of aggravated
burglary and felonious assault. Taylor was then sentenced to prison, and the court
of appeals affirmed the convictions and sentence. State v. Taylor (Dec. 23, 1994),
Ashtabula App. No. 93-A-1812, unreported,

1994 WL 738482

, appeal dismissed
(1995),

72 Ohio St.3d 1414

647 N.E.2d 1388

.
        {¶ 2} On August 15, 1995, appellant 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 rejected the application finding, inter
alia, that “no grounds were presented which would warrant a reopening of
appellant’s appeal.” Appellant now appeals that denial to this court.
                                  __________________
        Gregory J. Brown, Ashtabula County Prosecuting Attorney, for appellee.
        Gary D. Taylor, pro se.
                                  __________________
                            SUPREME COURT OF OHIO




       Per Curiam.
       {¶ 3} We affirm the judgment of the court of appeals based on that court’s
analysis of appellant’s claims. Appellant has failed to demonstrate “a genuine issue
as to whether the applicant was deprived of the effective assistance of counsel on
appeal.” App.R. 26(B)(5).
                                                             Judgment affirmed.
       MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER, COOK and
STRATTON, JJ., concur.
                              __________________




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