Opinion
No. 95-429
Submitted May 9, 1995 —
Decided August 23, 1995.
APPEAL from the Court of Appeals for Athens County, No. 1230.
Appellant, Michael White, was convicted of one count of aggravated burglary, two counts of aggravated robbery, and one count of felonious assault. The court of appeals affirmed the convictions and corresponding sentences. State v. White (May 23, 1986), Athens App. No. 1230, unreported, 1986 WL 6048. This court, on September 10, 1986, sua sponte dismissed appellant's appeal as of right (case No. 86-1179). On April 6, 1994, appellant filed an application to reopen his appeal (styled "motion for delayed reconsideration") under App.R. 26(B), alleging ineffective assistance of appellate counsel. The motion was filed in the wrong case and was overruled. On June 2, 1994, White filed with the court of appeals a second application to reopen his appeal. The court of appeals denied the application, finding that appellant did not attempt to explain or show good cause for not filing the application to reopen within ninety days from the journalization of the appellate judgment, as required by App.R. 26(B)(2)(b). The court of appeals recognized that the amendment adding App.R. 26(B) to the Ohio Rules of Appellate Procedure did not become effective until July 1, 1993, approximately seven years after White's conviction. However, the court then explained that nine more months elapsed after the effective date of App.R. 26(B) until appellant filed his initial motion for reopening. The court stated, "appellant should be required to make some showing of `good cause' as to why his request for relief was so untimely after the procedural avenues were established."
Appellant appeals the denial to this court.
Michael T. White, pro se.
We affirm the judgment of the court of appeals for the reasons stated in its opinion.
Judgment affirmed.
MOYER, C.J., DOUGLAS, WRIGHT, RESNICK, F.E. SWEENEY, PFEIFER and COOK, JJ., concur.