State v. Luna - Ohio Supreme Court Opinion - Ohio Supreme Court Decision

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The State of Ohio, Appellee, v. Luna, Appellant.
[Cite as State v. Luna (1996), _____ Ohio St.3d _____.]
Appellate procedure -- Application for reopening appeal from
judgment and conviction based on claim of ineffective
assistance of appellate counsel -- Application denied when
applicant fails to show good cause for failure to file the motion
within ninety days from journalization of the court of appeals'
decision affirming the conviction, as required by App.R. 26(B).

(No. 95-2288--Submitted February 6, 1996--Decided March 5, 1996.)
Appeal from the Court of Appeals for Huron County, No. H-93-24.

Appellant, Michael K. Luna, was convicted of possession of
marijuana in 1993. The offense was elevated to a second-degree felony
based on appellant's prior conviction of a drug-abuse offense. Upon appeal,
the conviction was affirmed. State v. Luna (Sept. 2, 1994), Huron App. No.
H-93-24, unreported, 1994 WL 476031.

On September 28, 1995, appellant filed with the court of appeals a
"motion for reopening direct appeal pursuant to App.R. 26(B)." The court
of appeals denied the motion as untimely without good cause shown. This
appeal followed.

Michael K. Luna, pro se.

Per Curiam. We affirm the decision of the court of appeals for the
reason stated in its judgment entry.
Judgment affirmed.

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

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