OPINIONS OF THE SUPREME COURT OF OHIO

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The State of Ohio, Appellee, v. Murr, Appellant. [Cite as State v. Murr (1994), Ohio St.3d .] Appellate procedure -- App.R. 26 -- Application for reopening appeal from judgment and conviction based on claim of ineffective assistance of appellate counsel for counsel's failure to argue that arson indictment is only a misdemeanor -- Application denied when trial court did not err in convicting appellant of felony arson. (No. 93-2399 Submitted October 24, 2994 -- Decided December 14, 1994.) Appeal from the Court of Appeals for Sandusky County, No. S-91-13. Appellant, Jeffrey A. Murr, was convicted of theft and arson and sentenced to consecutive sentences each of four to ten years. He appealed, and the court of appeals affirmed the conviction. State v. Murr (May 8, 1992), Sandusky App. No. S-91-13, unreported. He applied to the court of appeals to reopen the appeal from the judgment of conviction, alleging ineffective assistance of counsel for counsel's failure to argue that the arson indictment could only have been a misdemeanor. The court of appeals denied the application on the basis that the trial court did not err in convicting appellant of felony arson. Appellant appeals the denial to this court.

John E. Meyers, Sandusky County Prosecuting Attorney and Ronald J. Mayle, Assistant Prosecuting Attorney, for appellee. David H. Bodiker, Ohio Public Defender, and Richard E. Graham, Assistant Public Defender, for appellant.

Per Curiam. The decision of the court of appeals is affirmed for the reasons stated in the decsion. Judgment affirmed. Moyer, C.J., Douglas, Resnick, F.E. Sweeney and Pfeifer, JJ., concur. A.W. Sweeney and Wright, JJ., dissent.