State v. Williams
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[Cite as State v. Williams, 2006-Ohio-4269.] COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA No. 83707 STATE OF OHIO : : : : : : : : : : : : AUGUST 16, 2006 CHARACTER OF PROCEEDINGS : : : : Application for Reopening, Motion No. 382221 Lower Court No. CR-434020 Common Pleas Court JUDGMENT : APPLICATION DENIED. Plaintiff-Appellee vs. DENNIS WILLIAMS Defendant-Appellant DATE OF JOURNALIZATION JOURNAL ENTRY AND OPINION APPEARANCES: For plaintiff-appellee: WILLIAM D. MASON Cuyahoga County Prosecutor BY: MARY MCGRATH Assistant County Prosecutor Justice Center - 9th Floor 1200 Ontario Street Cleveland, Ohio 44113 For defendant-appellant: DENNIS WILLIAMS, pro se Inmate No. 453-475 Mansfield Correctional Inst. P.O. Box 788 Mansfield, Ohio 44901 [Cite as State v. Williams, 2006-Ohio-4269.] Judge Sean Gallagher: {¶ 1} On March 20, 2006, Applicant Dennis Williams filed a motion for leave to file a delayed application for reopening pursuant to App.R. 26(B) with a brief in support. Thereafter, the State of Ohio, through the Cuyahoga County Prosecutor s Office, filed a memorandum in opposition to Appellant s motion for leave to file delayed application for reopening to which Williams filed a reply brief. For the following reason, we deny Williams application. {¶ 2} App.R. 26(B) provides in part: A defendant in a criminal case may apply for reopening of the appeal from the judgment of conviction and sentence, based on a claim of ineffective assistance of counsel. An application for reopening shall be filed in the court of appeals where the appeal was decided within ninety days from journalization of the appellate judgment unless the applicant shows good cause for filing at a later date. {¶ 3} In this matter, Williams direct appeal was voluntarily dismissed after a motion was filed by counsel which stated that Williams no longer wished to pursue an appeal. Because there was no appellate judgment announced or journalized which examined Williams convictions in State v. Williams, Cuyahoga Court of Common Pleas Case Nos. CR-434020 and CR-432748, this court is prevented from considering Williams motion to reopen his appeal pursuant to App.R. 26(B). State v. Maxwell (May 23, 2001), Cuyahoga App. No. 79543, reopening disallowed, (Sep. 5, 2001), Motion No. 31059; State v. Corbin (Dec. 17, 1999), Cuyahoga App. 3 No. 75949; State v. Skaggs (May 12, 1999), Cuyahoga App. No. 76301, reopening disallowed (Sep. 21, 1999), Motion No. 307505. See also State v. Loomer (1996), 76 Ohio St.3d 398, 667 N.E.2d 1209; State v. Halliwell (Jan. 28, 1999), Cuyahoga App. No. 70369, reopening disallowed (Jan 29, 1999), Motion No. 00187; State v. Fields (Feb. 1, 1996), Cuyahoga App. No. 68906, reopening disallowed (Sep. 5, 1997), Motion No. 84867; State v. Williams (Oct. 31, 1996), Cuyahoga App. No. 69936, reopening disallowed (May 7, 1997), Motion No. 82993. {¶ 4} Accordingly, Williams application is denied. SEAN C. GALLAGHER PRESIDING JUDGE ANTHONY O. CALABRESE, JR., J., CONCURS KENNETH A. ROCCO, J., CONCURS
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