Case Information
*1
[This opinion has been published in
Ohio Official Reports
at
T HE S TATE OF O HIO , A PPELLEE ,
v
. C HEREN , A PPELLANT .
[Cite as
State v. Cheren
,
and conviction based on claim of ineffective assistance of appellate counsel—Application denied because App.R. 26(B) makes no provision for successive applications to reopen.
(No. 95-0038—Submitted April 18, 1995—Decided August 16, 1995.)
A PPEAL from the Court of Appeals for Summit County, No. 15752.
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{¶ 1}
Appellant, Oles Cheren, was convicted of abduction, attempted rape
and gross sexual imposition. The Court of Appeals for Summit County affirmed
the judgment of the trial court.
State v. Cheren
(July 21, 1993), Summit App. No.
15752, unreported,
{¶ 2} Appellant filed an application to reopen the appellate judgment pursuant to App. R. 26(B), arguing ineffective assistance of appellate counsel. The application was denied by the court of appeals. The appellate court found that a failure to object to every error in the record did not constitute ineffective assistance of counsel. State v. Cheren (Sept. 14, 1993), Summit App. No. 15752, unreported.
{¶ 3} On October 27, 1994, appellant filed another application to reopen, again arguing ineffective assistance of appellate counsel. To show good cause for the thirteen-month delay, appellant stated that his appellate counsel had recently admitted that she filed his appeal without a complete trial transcript. On December 2, 1994, the court of appeals ruled that the appellant had failed to show good cause for untimely filing, and denied the second application to reopen.
__________________ *2 S UPREME C OURT OF O HIO Maureen O'Connor, Summit County Prosecuting Attorney, and William D. Wellemeyer, Assistant Prosecuting Attorney, for appellee.
Oles Cheren, pro se.
__________________ Per Curiam.
{¶ 4} The decision of the court of appeals denying this successive application is affirmed on the basis of State v. Peeples (1995), 73 Ohio St.3d, N.E.2d, decided today.
Judgment affirmed . M OYER , C.J., D OUGLAS , W RIGHT , R ESNICK , F.E. S WEENEY and P FEIFER , JJ., concur.
C OOK , J., not participating.
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