STATE v. YAUGER, 76 Ohio St.3d 192 (1996)

666 N.E.2d 1395

THE STATE OF OHIO, APPELLEE, v. YAUGER, APPELLANT.

No. 96-719Supreme Court of Ohio.Submitted June 4, 1996 —
Decided July 31, 1996.

APPEAL from the Court of Appeals for Tuscarawas County, No. 93AP080055.

Appellant, Ricky Yauger, was convicted in July 1993 of aggravated robbery with a gun specification. The trial court sentenced Yauger to prison, and the court of appeals affirmed State v. Yauger (Jan. 10, 1995), Tuscarawas App. No. 93AP080055, unreported, 1995 WL 42490.

On March 23, 1995, appellant filed an application with the court of appeals to reopen his appeal under App.R. 26(B), alleging the ineffective assistance of appellate counsel. Although at first the court of appeals reinstated the appeal, the court dismissed the appeal on May 22, 1995 for want of prosecution. On June 15, 1995, appellant filed a motion to reinstate his appeal and a motion for appointment of counsel. The court of appeals reinstated the appeal and appointed counsel.

Page 193

Although the court of appeals reinstated the appeal, it reaffirmed the trial court’s judgment, finding, inter alia, no evidence that appellate “counsel’s performance fell below an objective standard of reasonable representation and thus prejudiced appellant.” Appellant has now appealed that decision to this court.

Scott J. Mastin, Tuscarawas County Assistant Prosecuting Attorney, for appellee.

Ricky Yauger, pro se.

Per Curiam.

We affirm the judgment of the court of appeals for the reasons stated in its decision.

Judgment affirmed.

MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER, COOK and STRATTON, JJ., concur.