[Cite as State v. Pointer, 2014-Ohio-2383.]
Court of Appeals of Ohio
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
JOURNAL ENTRY AND OPINION
No. 85195
STATE OF OHIO
PLAINTIFF-APPELLEE
vs.
DENNIS POINTER
DEFENDANT-APPELLANT
JUDGMENT:
APPLICATION DENIED
Cuyahoga County Court of Common Pleas
Case No. CR-294529
Application for Reopening
Motion No. 473259
RELEASED DATE: June 3, 2014
-i-
FOR APPELLANT
Dennis W. Pointer, pro se
Inmate No. 0169-139
P.O. Box 5600
Cleveland, Ohio 44101
ATTORNEYS FOR APPELLEE
Timothy J. McGinty
Cuyahoga County Prosecutor
By: Diane Smilanick
Assistant County Prosecutor
8th Floor Justice Center
1200 Ontario Street
Cleveland, Ohio 44113
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