Summary
affirming denial of application to reopen for reasons that included failure to comply with the ten-page limit of the rule.
Summary of this case from State v. MaysOpinion
No. 94-1967
Submitted November 15, 1994 —
Decided December 23, 1994.
APPEAL from the Court of Appeals for Cuyahoga County, No. 54708.
Appellant, Kavin Peeples, pled guilty to and was convicted of attempted murder in 1988, after changing his plea from not guilty to guilty. Appellant appealed, arguing that the trial court had failed to ascertain that the guilty plea was voluntarily, knowingly, and intelligently made. The court of appeals affirmed the conviction. State v. Peeples (Jan. 3, 1989), Cuyahoga App. No. 54708, unreported, 1988 WL 141343. Following several attempts to gain postconviction relief, the trial court resentenced appellant in 1991, shortening his minimum sentence from eight to seven years. At the resentencing hearing, appellant filed a pro se motion to reopen the change-of-plea issue, which the trial court denied. Appellant appealed, and the court of appeals affirmed. State v. Peeples (Dec. 31, 1992), Cuyahoga App. No. 61544, unreported, 1992 WL 390076.
On October 15, 1993, appellant filed an application to reopen his direct appeal under App.R. 26(B), again raising the change-of-plea issue. It is not clear whether appellant raised the issue in the context of ineffective assistance of counsel, which is the purpose of App.R. 26(B); however, the court of appeals found that appellant failed to show good cause for filing the application more than ninety days after the appellate decision complained of or after the effective date of App.R. 26(B), as required by App.R. 26(B)(1), exceeded the ten-page limit of App.R. 26(B)(4), and that the issue was res judicata. Appellant appeals from this decision.
Stephanie Tubbs Jones, Cuyahoga County Prosecuting Attorney, and L. Christopher Frey, Assistant Prosecuting Attorney, for appellee.
Kavin Peeples, pro se.
The decision of the court of appeals is affirmed for the reasons stated in its opinion.
Judgment affirmed.
MOYER, C.J., A.W. SWEENEY, DOUGLAS, WRIGHT, RESNICK, F.E. SWEENEY and PFEIFER, JJ., concur.