[This opinion has been published in Ohio Official Reports at 88 Ohio St.3d 179.]

THE STATE OF OHIO, APPELLEE, v. O’NEAL, APPELLANT. [Cite as State v. O’Neal, 2000-Ohio-281.] Appellate procedure—Application for reopening appeal from judgment and conviction based on claim of ineffective assistance of appellate counsel— Application denied when applicant fails to demonstrate that appellate counsel performed in a deficient manner or that any alleged deficiency prejudiced the outcome of the appeal. (No. 98-1735—Submitted January 11, 2000—Decided March 8, 2000.) APPEAL from the Court of Appeals for Hamilton County, No. C-960392. __________________ {¶ 1} Appellant, James Derrick O’Neal, was convicted of aggravated burglary and the aggravated murder of his wife, Carol O’Neal, and sentenced to death. The court of appeals affirmed the convictions and sentence. State v. O’Neal (Dec. 12, 1997), Hamilton App. No. C-960392, unreported, 1997 WL 770162. On direct appeal as of right, we also affirmed O’Neal’s convictions for aggravated murder and aggravated burglary, and we affirmed the death penalty. State v. O’Neal (2000), 87 Ohio St.3d 402, 721 N.E.2d 73. {¶ 2} Following the court of appeals’ decision in December 1997, O’Neal filed a timely application for reopening with the court of appeals pursuant to App.R. 26(B) and State v. Murnahan (1992), 63 Ohio St.3d 60, 584 N.E.2d 1204, alleging ineffective assistance of appellate counsel before that court. The court of appeals concluded that O’Neal failed to demonstrate “that appellate counsel performed in a deficient manner * * * or that any alleged deficiency prejudiced the outcome of the appeal.” O’Neal now appeals that decision to this court. __________________ SUPREME COURT OF OHIO

Michael K. Allen, Hamilton County Prosecuting Attorney, and William E. Breyer, Assistant Prosecuting Attorney, for appellee. John J. Gideon, for appellant. __________________ Per Curiam. {¶ 3} We affirm the judgment of the court of appeals for the reasons set forth in its entry dated July 9, 1998. Judgment affirmed. MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER, COOK and LUNDBERG STRATTON, JJ., concur. __________________

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