
    The State of Ohio, Appellee, v. Loomer, Appellant.
    [Cite as State v. Loomer (1996), 76 Ohio St.3d 398.]
    
      (No. 96-710
    — Submitted July 10, 1996
    — Decided August 21, 1996.)
    
      Stephanie Tubbs Jones, Cuyahoga County Prosecuting Attorney, and Lisa Reitz Williamson, Assistant Prosecuting Attorney, for appellee.
    
      James A. Draper, Cuyahoga County Public Defender, and Donald Green, Assistant Public Defender, for appellant.
   Per Curiam.

We affirm the judgment of the court of appeals. App.R. 26(B)(1) clearly provides that 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 assistance of counsel.” (Emphasis added.) Since the judgment that Loomer complains about was an appeal from a motion to dismiss, and not an appeal from a judgment of conviction and sentence, no basis existed under App.R. 26(B) to reopen the appeal.

Judgment affirmed.

Moyer, C.J., Douglas, Resnick, F.E. Sweeney, Pfeifer, Cook and'STRATTON, JJ., concur.  