State v. Loomer, 76 Ohio St. 3d 398

Per Curiam.

We affirm the judgment of the court of appeals. App.R. 26(B)(1) clearly provides that 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 counsel.” (Emphasis added.) Since the judgment that Loomer complains about was an appeal from a motion to dismiss, and not an appeal from a judgment of conviction and sentence, no basis existed under App.R. 26(B) to reopen the appeal.

Judgment affirmed.

Moyer, C.J., Douglas, Resnick, F.E. Sweeney, Pfeifer, Cook and'STRATTON, JJ., concur.

Case Details

Case Name: State v. Loomer

Court Name: Ohio Supreme Court

Date Published: Aug 21, 1996

Citations: 76 Ohio St. 3d 398; 667 N.E.2d 1209; No. 96-710

Docket Number: No. 96-710

Court Abbreviation: Ohio