Opinion
No. 95946
12-07-2011
STATE OF OHIO PLAINTIFF-APPELLEE v. DARRYL ALFORD DEFENDANT-APPELLANT
FOR APPELLANT Darryl Alford, Pro Se No. 493-759 Lake Erie Correctional Institution P.O. Box 8000 Conneaut, Ohio 44030 ATTORNEYS FOR APPELLEE William D. Mason, Esq. Cuyahoga County Prosecutor By: Kristen L. Sobieski, Esq. Daniel T. Van, Esq. Assistant County Prosecutors
JOURNAL ENTRY AND OPINION
JUDGMENT:
APPLICATION DENIED
Cuyahoga County Common Pleas Court
Case No. CR-469026
Application for Reopening
Motion No. 448480
FOR APPELLANT
Darryl Alford, Pro Se
No. 493-759
Lake Erie Correctional Institution
P.O. Box 8000
Conneaut, Ohio 44030
ATTORNEYS FOR APPELLEE
William D. Mason, Esq.
Cuyahoga County Prosecutor
By: Kristen L. Sobieski, Esq.
Daniel T. Van, Esq.
Assistant County Prosecutors
JAMES J. SWEENEY, P.J.:
{¶ 1} Darryl Alford has filed a timely application for reopening pursuant to App.R. 26(B). Alford is attempting to reopen the appellate judgment, journalized in State v. Alford, Cuyahoga App. No. 95946, 2011-Ohio-4811, which affirmed the denial of his motion to withdraw his guilty plea entered to the offenses of failure to comply with an order or signal of a police officer and felonious assault in State v. Alford, Cuyahoga County Court of Common Pleas Case No. CR-469026. We decline to reopen Alford's appeal.
{¶ 2} The appeal, which formed the basis of Alford's application for reopening, concerned a postconviction motion. Specifically, Alford's appeal involved an appeal from the denial of his motion to vacate the guilty plea as entered to the offenses of failure to comply with an order or signal of a police officer and felonious assault. An application for reopening, brought pursuant to App.R. 26(B), can only be employed to reopen an appeal from the judgment of conviction and sentence, based upon a claim of ineffective assistance of counsel. See State v. Loomer, 76 Ohio St.3d 398, 1996-Ohio-59, 667 N.E.2d 1209. See, also, State v. Halliwell (Dec. 30, 1996), Cuyahoga App. No. 70369, reopening disallowed (Jan. 28, 1999), Motion No. 300187; State v. White (Jan. 7, 2002), Cuyahoga App. No. 78190, reopening disallowed (May 13, 2004), Motion No. 357536; State v. Shurney (Mar. 10, 1994), Cuyahoga App. No. 64670, reopening disallowed (May 15, 1995), Motion No. 260758. Since App.R. 26(B) applies only to the direct appeal of a criminal conviction and sentence, it cannot now be employed to reopen the appeal that dealt with Alford's denial of a motion to vacate his guilty plea.
{¶ 3} Accordingly, the application for reopening is denied.
JAMES J. SWEENEY, PRESIDING JUDGE
COLLEEN CONWAY COONEY, J., and
KATHLEEN ANN KEOUGH, J., CONCUR