State v. Colvin

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[Cite as State v. Colvin, 2005-Ohio-4697.] COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA No. 85208 STATE OF OHIO : : : : : : : : : : : : SEPTEMBER 8, 2005 CHARACTER OF PROCEEDINGS : : : : Application for Reopening, Motion No. 374912 Lower Court No. CR-443507 Common Pleas Court JUDGMENT : APPLICATION DENIED. Plaintiff-Appellee vs. ELDRIDGE COLVIN Defendant-Appellant DATE OF JOURNALIZATION JOURNAL ENTRY AND OPINION APPEARANCES: For plaintiff-appellee: WILLIAM D. MASON Cuyahoga County Prosecutor BY: PINKEY S. CARR Assistant County Prosecutor Justice Center - 9th Floor 1200 Ontario Street Cleveland, Ohio 44113 For defendant-appellant: ELDRIDGE COLVIN, pro se DRC #A460-406 Lake Erie Correctional Inst. P.O. Box 8000 Conneaut, Ohio 44030 JUDGE JAMES J. SWEENEY: 2 {¶ 1} Eldridge Colvin, through an application for reopening, is attempting to reopen the appellate judgment that was rendered by this court in State v. Colvin, Cuyahoga App. No. 85208, 2005-Ohio1985, which affirmed his plea of guilty to the offenses of aggravated robbery (R.C. 2911.01) and failure to comply with the order or signal of police officer (R.C. 2921.331). Colvin argues that he was denied effective assistance of counsel upon appeal. {¶ 2} An application for reopening, as filed pursuant to App.R. 26(B), must be based upon a claim of ineffective assistance of appellate counsel. See App.R. 26(B)(1). Colvin, however, represented himself on appeal to this court in State v. Colvin, supra., and cannot raise the issue of ineffective assistance of appellate counsel through the present application for reopening. State v. Boone (1996), 114 Ohio App.3d 275, 683 N.E.2d 67; State v. Smith (Nov. 29, 2001), Cuyahoga App. No. 79292, reopening disallowed (Mar. 8, 2002), Motion No. 36058; State v. Bobo (Jan. 16, 1996), Cuyahoga App. No. 60013, reopening disallowed (Apr. 10, 1996), Motion No. 69762. {¶ 3} Accordingly, the application for reopening is denied. JAMES J. SWEENEY JUDGE FRANK D. CELEBREZZE, JR., P.J., CONCURS CHRISTINE T. MCMONAGLE, J., CONCURS

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