Appellate procedure—Application for reopening appeal from judgment and conviction based on claim of ineffective assistance of appellate counsel—Application denied when no genuine issue as to whether applicant was deprived of the effective assistance of counsel on appeal is present.
.]
THE STATE OF OHIO, APPELLEE, v. ZYCH, APPELLANT.
[Cite as State v. Zych,
1996-Ohio-7
.]
Appellate procedure—Application for reopening appeal from judgment and
conviction based on claim of ineffective assistance of appellate counsel—
Application denied when no genuine issue as to whether applicant was
deprived of the effective assistance of counsel on appeal is present.
(No. 95-1959—Submitted January 9, 1996—Decided February 21, 1996.)
APPEAL from the Court of Appeals for Clermont County, No. CA92-11-105.
__________________
{¶ 1} Appellant, Jeffrey A. Zych, was convicted of two counts of felonious
assault committed in September 1991 and sentenced to prison. The court of appeals
affirmed the convictions and sentence. State v. Zych (Oct. 4, 1993), Clermont App.
No. CA92-11-105, unreported,
.
{¶ 2} In January 1994, the court of appeals received appellant’s application
to reopen his appeal under App.R. 26(B), alleging ineffective assistance of his
appellate counsel. By entry, the court of appeals denied the application, finding
that “there is no genuine issue as to whether appellant was deprived of the effective
assistance of counsel on appeal[.]”
{¶ 3} Appellant appeals the denial to this court.
__________________
Donald W. White, Clermont County Prosecuting Attorney, and David H.
Hoffmann, Assistant Prosecuting Attorney, for appellee.
Jeffrey A. Zych, pro se.
__________________
Per Curiam.
SUPREME COURT OF OHIO
{¶ 4} We affirm the decision of the court of appeals for the reasons stated
in its entry.
Judgment affirmed.
MOYER, C.J., DOUGLAS, WRIGHT, RESNICK, F.E. SWEENEY, PFEIFER and
COOK, JJ., concur.
__________________
2
