APPEAL from the Court of Appeals for Licking County, No. 93-CA-8.

Appellant, Max R. Erwin, Sr., was convicted of felonious sexual penetration and gross sexual imposition in 1993 and sentenced to eight to twenty-five years in prison. He appealed, alleging admission of improper hearsay evidence, which the prosecuting attorney improperly used in his closing argument. The court of appeals affirmed the conviction. State v. Erwin (Oct. 4, 1993), Licking App. No. 93-CA-8, unreported, 1993 WL 438817. On June 6, 1994, he filed an application for reopening his appeal pursuant to App.R. 26(B), alleging ineffective assistance of appellate counsel and other issues. The court of appeals denied the motion, holding inter alia that appellant had not shown good cause for failure to file the motion within ninety days from the journalization of the court of appeals' decision affirming the convictions, as required by App.R. 26(B)(1). Appellant appeals from that decision.