State v. Provens, 2007-Ca-00034 (8-4-2008)

OPINION

{¶ 1} This Court is re-opening appellant's case in order to consider the motion filed by appellant Armone Tiras Provens to re-open his direct appeal pursuant to App. R. 26(B).

{¶ 2} On April 14, 2008, this Court upheld appellant's conviction and sentence on one count of reckless homicide with a firearm specification. See, State v. Provens, 5th Dist. No. 2007-CA-00034.

{¶ 3} App. R. 26 (B) states:

{¶ 4} (B) Application for reopening:

{¶ 5} (1) A defendant in a criminal case may apply for reopening of the appeal from the judgment of conviction and sentence, based on a claim of ineffective…