Opinion
No. 85195
06-03-2014
STATE OF OHIO PLAINTIFF-APPELLEE v. DENNIS POINTER DEFENDANT-APPELLANT
FOR APPELLANT Dennis W. Pointer, pro se ATTORNEYS FOR APPELLEE Timothy J. McGinty Cuyahoga County Prosecutor By: Diane Smilanick Assistant County Prosecutor
JOURNAL ENTRY AND OPINION
JUDGMENT:
APPLICATION DENIED
Cuyahoga County Court of Common Pleas
Case No. CR-294529
Application for Reopening
Motion No. 473259
FOR APPELLANT
Dennis W. Pointer, pro se
ATTORNEYS FOR APPELLEE
Timothy J. McGinty
Cuyahoga County Prosecutor
By: Diane Smilanick
Assistant County Prosecutor
PATRICIA ANN BLACKMON, P.J.:
{¶1} Dennis Pointer has filed an application for reopening pursuant to App.R. 26(B). Pointer is attempting to reopen the appellate judgment, journalized in State v. Pointer, 8th Dist. Cuyahoga No. 85195, 2005-Ohio-3587, which affirmed the denial of a motion to withdraw a plea of guilty filed in State v. Pointer, Cuyahoga C.P. No. CR-351032. We decline to reopen Pointer's appeal.
{¶2} The appeal, which formed the basis of Pointer's application for reopening, concerned a postconviction motion. Specifically, Pointer's appeal involved an appeal from the denial of his motion to withdraw his plea of guilty. An application for reopening, brought pursuant to App.R. 26(B) can only be employed to reopen an appeal from the judgment of conviction and sentence, based upon a claim of ineffective assistance of counsel. See State v. Loomer, 76 Ohio St.3d 398, 667 N.E.2d 1209 (1996). See also State v. Bronczyk, 8th Dist. Cuyahoga No. 98664, 2013-Ohio-3129; State v. Nicholson, 8th Dist. Cuyahoga No. 97873, 2013-Ohio-1786; and State v. Townsend, 8th Dist. Cuyahoga No. 97544, 2013-Ohio-1653. Because App.R. 26(B) applies only to the direct appeal of a criminal conviction and sentence, it cannot now be employed to reopen the appeal that dealt with a denial of a postconviction motion to withdraw a plea of guilty.
{¶3} Accordingly, the application for reopening is denied. __________
PATRICIA ANN BLACKMON, PRESIDING JUDGE
EILEEN T. GALLAGHER, J., and
TIM McCORMACK, J., CONCUR