State v. Sizemore

Terrence O’Donnell, Judge.

On January 30, 1998, the applicant, Frank P. Sizemore, applied, pursuant to App.R. 26(B) and State v. Murnahan (1992), 63 Ohio St.3d 60, 584 N.E.2d 1204, to reopen this court’s judgment in State v. Sizemore (Nov. 27, 1996), Cuyahoga App. No. 69944, unreported, 1996 WL 684334, which affirmed his conviction and sentence for three counts of felonious assault, having a weapon under disability, and two firearm specifications. On February 25, 1998, the state, through the Cuyahoga County Prosecutor, filed its brief in opposition to the application. On March 16, 1998,…