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State v. Jones

Court of Appeals of Ohio, Sixth District, Lucas County
Jun 21, 2011
2011 Ohio 3234 (Ohio Ct. App. 2011)

Opinion

No. L-09-1262.

Decided: June 21, 2011.

Trial Court No. CR0200803575.

Sarah K. Skow, for appellant.


DECISION AND JUDGMENT


{¶ 1} This matter is before the court on appellant Levoyd Jones' motion for appointment of counsel for the purpose of appeal to the Supreme Court of Ohio. In State v. Jones, 6th Dist. No. L-09-1262, 2011-Ohio-2173, we affirmed appellant's judgment of conviction of two counts of rape of a minor under ten years of age.

{¶ 2} An indigent defendant has the right to appointed counsel at every stage of criminal proceedings through an appeal as of right. The Sixth Amendment to the United States Constitution; Section 10, Article I, Ohio Constitution; Crim. R. 44. However, there is no constitutional right to appointed counsel for a discretionary appeal. Ross v. Moffitt (1974), 417 U.S. 600; State v. Watts (1989), 57 Ohio App.3d 32, 33.

{¶ 3} An appeal by appellant to the Ohio Supreme Court in this case would be discretionary. S.Ct.Prac. R. II(1)(A)(1)-(3). Thus, appointment of counsel is unwarranted. This motion is therefore not well-taken and is denied.

MOTION DENIED.

Peter M. Handwork, J., Mark L. Pietrykowski, J., Thomas J. Osowik, P.J., CONCUR.


Summaries of

State v. Jones

Court of Appeals of Ohio, Sixth District, Lucas County
Jun 21, 2011
2011 Ohio 3234 (Ohio Ct. App. 2011)
Case details for

State v. Jones

Case Details

Full title:State of Ohio, Appellee, v. Levoyd Jones, Appellant

Court:Court of Appeals of Ohio, Sixth District, Lucas County

Date published: Jun 21, 2011

Citations

2011 Ohio 3234 (Ohio Ct. App. 2011)