Opinion
Nos. 77005, 77006, 77302, 77303.
June 30, 2005.
Application for Reopening, Motion No. 373086 Lower Court No. CR-378096 and CR-376138 Common Pleas Court.
Application Denied.
William D. Mason, Cuyahoga County Prosecutor, Amy Venesile, Assistant County Prosecutor, Justice Center — 9th Floor, 1200 Ontario Street, Cleveland, Ohio 44113, for plaintiff-appellee.
Christ Steimle, Pro Se, Inmate No. 377-586, Warren Corr. Inst., P.O. Box 120, Lebanon, Ohio 45036, for defendant-appellant.
JOURNAL ENTRY AND OPINION
{¶ 1} Christ Steimle, through an application for reopening, is attempting to reopen the appellate judgment that was rendered by this court in State v. Steimle (Dec. 7, 2000), Cuyahoga App. Nos. 77005, 77006, 77302, and 77303, which affirmed his plea of guilty to the offenses of felonious assault and intimidation. Steimle argues that he was denied effective assistance of counsel upon appeal.
{¶ 2} An application for reopening, as filed pursuant to App.R. 26(B), must be based upon a claim of ineffective assistance of appellate counsel. See App.R. 26(B)(1). Steimle, however, represented himself on appeal to this court in State v. Steimle, supra. Therefore, he is precluded from arguing his own ineffective assistance of appellate counsel through the present application for reopening. State v. Boone (1996), 114 Ohio App.3d 275, 683 N.E.2d 67; State v. Smith (Nov. 29, 2001), Cuyahoga App. No. 79292, reopening disallowed (Mar. 8, 2002), Motion No. 36058; State v. Bobo (Jan. 16, 1996), Cuyahoga App. No. 60013, reopening disallowed (Apr. 10, 1996), Motion No. 69762.
{¶ 3} Accordingly, the application for reopening is denied.
Ann Dyke, P.J., Concurs Sweeney, J., Concurs