Opinion
No. 93450.
RELEASE DATE: September 28, 2009.
APPLICATION FOR REOPENING MOTION NO. 426089, CUYAHOGA COUNTY COMMON PLEAS COURT NO. CR-514704.
APPLICATION DENIED.
William D. Mason, Cuyahoga County Prosecutor, Attorney for Appellee.
Richard Effinger, pro se, Inmate No. 560-029, for Appellant.
JOURNAL ENTRY AND OPINION
{¶ 1} In State v. Effinger, Cuyahoga County Court of Common Pleas Case No. CR-514704, applicant, Richard Effinger, pled guilty to 15 counts of pandering sexually oriented material involving a minor with forfeiture specification and one count of possessing criminal tools with forfeiture specification. Effinger was represented by retained counsel.
{¶ 2} Effinger filed his direct appeal to this court pro se. This court: a) denied his motions for delayed appeal and appointment of counsel and transcript at state expense; and b) dismissed the appeal. State v. Effinger, Cuyahoga App. No. 93450, Entry Nos. 423085, 423086 and 423671, dated July 1, 2009.
{¶ 3} Effinger has filed with the clerk of this court an application for reopening. We deny the application for reopening. As required by App. R. 26(B)(6), the reasons for our denial follow.
{¶ 4} App. R. 26(B)(1) 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 appellate counsel." A defendant who represents himself or herself on direct appeal, however, may not maintain an application for reopening. State v. Gaston, Cuyahoga App. No. 92242, 2009-Ohio-3080, reopening disallowed, 2009-Ohio-4715.
{¶ 5} Effinger has not met the standard for reopening. Accordingly, the application for reopening is denied.
Sean C. Gallagher, P.J., and Frank D. Celebrezze, Jr., J., concur.