State v. Carpenter
74 Ohio St. 3d 408
Ohio
1996
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THE STATE OF OHIO, APPELLEE, v. CARPENTER, APPELLANT.

No. 95-1129

SUPREME COURT OF OHIO

January 31, 1996

74 Ohio St.3d 408 | 1996-Ohio-279

Submitted October 24, 1995. APPEAL from the Court of Appeals for Franklin County, No. 90AP-803.

Appellate procedure—Application for reopening appeal from judgment and convictions based on claim of ineffective assistance of appellate counsel—Application denied when applicant fails to establish good cause for failing to file within ninety days after journalization of the court of appeals’ decision affirming the convictions, as required by App.R. 26(B).

{¶ 1} Appellant, Robert Carpenter, was convicted of aggravated murder and aggravated robbery and was sentenced to concurrent terms of imprisonment of thirty years to life and ten to twenty years, respectively. He appealed, and his convictions were affirmed. .

{¶ 2} In 1994, appellant filed an application to reopen his direct appeal under App.R. 26(B), claiming ineffective assistance of appellate counsel. As good cause for failing to file within ninety days of journalization of the judgment sought to be reopened, as required by App.R. 26(B)(2)(b), appellant stated that he was unaware he could raise an assignment of error related to sufficiency of the evidence. The court of appeals found that this reason did not constitute good cause, and appellant appealed its decision to this court.

Michael Miller, Franklin County Prosecuting Attorney, and Steven L. Taylor, Assistant Prosecuting Attorney, for appellee.

Dennis C. Belli, for appellant.

Per Curiam.

{¶ 3} The judgment of the court of appeals is affirmed on authority of .

Judgment affirmed.

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