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STATE v. CRIM

No. 90222.

2009 Ohio 2701

State of Ohio, Plaintiff-Appellee, v. Ellis Crim, Defendant-Appellant.

Court of Appeals of Ohio, Eighth District, Cuyahoga County.

RELEASE DATE: June 10, 2009.

Attorney(s) appearing for the Case

William D. Mason, Cuyahoga County Prosecutor, By: Diane Smilanick, Assistant County Prosecutor, 8th Floor Justice Center, 1200 Ontario Street, Cleveland, Ohio 44113, Attorneys for Plaintiff-Appellee.

Ellis Crim, pro se, Inmate Number: 441-222, Marion Correctional Inst., P.O. Box 57, Marion, Ohio 43301, Attorney for Defendant-Appellant.

JOURNAL ENTRY AND OPINION

ANN DYKE, P.J.:

{¶ 1} On October 23, 2008, the applicant, Ellis Crim, pursuant to App.R. 26(B), applied to reopen this court's judgment in State v. Ellis Crim, Cuyahoga App. No. 90222, 2008-Ohio-3805, in which this court affirmed Crim's sentences for two counts of felonious assault with firearm specifications.1 Crim asserts that his appellate counsel improperly argued that

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