STATE v. VILD

Full title: State of Ohio, Plaintiff-Appellee v. John Vild Defendant-Appellant

Court: Court of Appeals of Ohio, Eighth District, Cuyahoga County

Date published: Oct 26, 2007

2007 Ohio 5851 (Ohio Ct. App. 2007)

Opinion

Nos. 87742 and 87965.

RELEASED: October 26, 2007.

APPLICATION FOR REOPENING, MOTION NO. 396798, 396871 AND 401650, LOWER COURT NO. CR-318317 AND CR-319982, COMMON PLEAS COURT.

APPLICATION DENIED.

WILLIAM D. MASON Cuyahoga County Prosecutor By: Jon W. Oebker Assistant County Prosecutor, Attorneys for Plaintiff-Appellee.

Cullen Sweeney Assistant Public Defender, James T. Flaherty, Attorneys for Defendant-Appellant.

Before: Rocco, P.J., McMonagle, J., Boyle, J. .

JUDGE JAMES J. SWEENEY.

{¶ 1} John Vild has filed a timely application for reopening pursuant to App.R. 26(B). Vild is attempting to reopen the appellate judgment that was rendered in State v. Vild, Cuyahoga App. Nos. 87742 and 87965, 2007-Ohio-987, which vacated the trial court's granting of a successive motion to withdraw a plea of guilty.

{¶ 2} Vild's counsel has filed a motion to dismiss the application for reopening, which demonstrates that Vild has died. See App.R. 29(A).

{¶ 3} Vild's application for reopening has been abated by death. See Cleveland v. Nayman (April 24, 2000), Cuyahoga App. No. 76951, reopening disallowed (April 11, 2001), Motion No. 318974. Thus, a reopening of Vild's appeal is not appropriate.

{¶ 4} Application for reopening is denied.

COLLEEN CONWAY COONEY, J., and MARY J. BOYLE, J., CONCUR