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STATE v. HOWE

No. 95-455.

73 Ohio St.3d 35 (1995)

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

Supreme Court of Ohio.

Decided August 9, 1995.

Attorney(s) appearing for the Case

Mathias H. Heck, Jr., Montgomery County Prosecuting Attorney, and Carley J. Ingram, Assistant Prosecuting Attorney, for appellee.

Weston L. Howe, Jr., pro se.

Per Curiam.

The sole question before this court is whether the court of appeals erred in dismissing appellant's application to reopen for lack of jurisdiction. S.Ct.Prac.R. II(2)(D)(1) states: "After an appeal is perfected from a court of appeals to the Supreme Court, the court of appeals is divested of jurisdiction, except to take action in aid of the appeal, to rule on an application for reconsideration filed with the court of appeals pursuant to Rule 26...

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