State v. Simpson

Full title: THE STATE OF OHIO, APPELLEE, v. SIMPSON, APPELLANT

Court: Supreme Court of Ohio

Date published: Jul 24, 1996

666 N.E.2d 1118 (Ohio 1996)

666 N.E.2d 1118

Opinion

No. 96-587

Submitted May 21, 1996 —

Decided July 24, 1996.

APPEAL from the Court of Appeals for Hamilton County, No. C-941049.

Joseph T. Deters, Hamilton County Prosecuting Attorney, and Christian J. Schaefer, Assistant Prosecuting Attorney, for appellee.

Marcus Simpson, pro se.

Per Curiam

On November 30, 1994, appellant, Marcus Simpson, was convicted of aggravated trafficking, and was sentenced to a term of imprisonment. Upon appeal, the conviction was affirmed. State v. Simpson (Sept. 22, 1995), Hamilton App. No. C-941049, unreported. Appellant's appeal to this court was dismissed. State v. Simpson (1996), 74 Ohio St.3d 1499, 659 N.E.2d 314.

In December 1995, appellant filed an application for reopening before the court of appeals pursuant to App.R. 26(B), alleging ineffective assistance of appellate counsel. The court of appeals denied the motion as untimely without good cause shown as required by App.R. 26(B)(2)(b). This appeal followed.

Per Curiam

We affirm the judgment of the court of appeals for the reasons stated in its judgment entry.

Judgment affirmed.

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