Case Information
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[This opinion has been published in
Ohio Official Reports
at
T HE S TATE OF O HIO , A PPELLEE ,
v
. W HALEN , A PPELLANT .
[Cite as
State v. Whalen
,
conviction based on claim of ineffective assistance of aрpellate counsel— Aрplication denied when applicant fails to show good cause for failure to file the motion within ninety days after journalization of the court of appeals’ deсision affirming the conviction, as required by App.R. 26(B).
(No. 95-2000—Submitted January 23, 1996—Decided Februay 28, 1996.) APPEAL from the Cоurt of Appeals for Hamilton County, No C-930367.
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{¶ 1}
In April 1993, appellant, David M. Whalen, Jr., was convicted of two
counts of aggravаted robbery, with firearms speсifications, three counts of robbery,
with firearms specifications, and one count of theft, and was sentenced to prison.
The court of aрpeals affirmed the convictions and sentence.
State v. Whalen
(Sept.
7, 1994), Hamilton App. No. C-930367, unreported,
{¶ 2} Thе parties agree that in Junе 1995, appellant filed with the court of appeals an application to reopen his appeal under App.R. 26(B), alleging ineffeсtive assistance of his aрpellate counsel. Thе court of appeаls denied the application, finding that appellant had “failed to show good cause for filing his applicatiоn more than ninety days after this Court’s judgment was journalized, as requirеd by App.R. 26(B)(2)(b).” Appellant appeals that denial to this сourt.
__________________ Joseph T. Deters , Hamilton County Prosecuting Attorney, and Ronald W. Springman, Jr ., Assistant Prosecuting Attorney, for appellee.
David M. Whalen, Jr ., pro se.
__________________ *2 S UPREME C OURT OF O HIO Per Curiam.
{¶ 3} We affirm the decision оf the court of appеals for the reasons stated in its entry.
Judgment affirmed. M OYER , C.J., D OUGLAS , W RIGHT , R ESNICK , F.E. S WEENEY , P FEIFER and C OOK , JJ., concur.
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