State v. Effinger

Sep 28, 2009
93450
Versions:2009-Ohio-5242

JOURNAL ENTRY AND OPINION

JUDGMENT: APPLICATION DENIED

ATTORNEY FOR APPELLEE

William D. Mason
Cuyahoga County Prosecutor
8th Floor Justice Center
1200 Ontario Street
Cleveland, Ohio 44113

FOR APPELLANT

Richard Effinger, pro se
Inmate No. 560-029
Marion Correctional Inst.
P.O. Box 57
Marion, Ohio 43301-0057

JAMES J. SWEENEY, J.:

{¶ 1} In State v. Effinger, Cuyahoga County Court of Common Pleas Case No. CR-514704, applicant, Richard Effinger, pled guilty to 15 counts of pandering sexually oriented material involving a minor with forfeiture specification and one count of possessing criminal tools with forfeiture specification. Effinger was represented by retained counsel.

{¶ 2} Effinger filed his direct appeal to this court pro se. This court: a) denied his motions for delayed appeal and appointment of counsel and transcript at state expense; and b) dismissed the appeal. State v. Effinger, Cuyahoga App. No. 93450, Entry Nos. 423085, 423086 and 423671, dated July 1, 2009.

{¶ 3} Effinger has filed with the clerk of this court an application for reopening. We deny the application for reopening. As required by App.R. 26(B)(6), the reasons for our denial follow.

{¶ 4} App. R. 26(B)(1) provides, in part: “A defendant in a criminal case may apply for reopening of the appeal from the judgment of conviction and sentence, based on a claim of ineffective assistance of appellate counsel.” A defendant who represents himself or herself on direct appeal, however, may not maintain an application for reopening. State v. Gaston, Cuyahoga App. No. 92242, 2009-Ohio-3080, reopening disallowed, 2009-Ohio-4715.

{¶ 5} Effinger has not met the standard for reopening. Accordingly, the application for reopening is denied.

JAMES J. SWEENEY, JUDGE

SEAN C. GALLAGHER, P.J., and
FRANK D. CELEBREZZE, JR., J., CONCUR