
    The State of Ohio, Appellee, v. Spirko, Appellant.
    [Cite as State v. Spirko (1994), 70 Ohio St.3d 1221.]
    (No. 89-722
    Submitted August 17, 1994
    Decided November 9, 1994.)
    
      David H. Bodiker, Ohio Public Defender, and Lawrence E. Komp, Assistant Public Defender, for appellant.
   Per Curiam.

We deny the motion. Spirko’s 1991 appeal to this court was not a first appeal as of right; therefore, he had no constitutional right to counsel, hence no constitutional right to effective assistance. See State v. Buell (1994), 70 Ohio St.3d 1211, 639 N.E.2d 110.

Motion denied.

Moyer, C.J., A.W. Sweeney, Douglas, Resnick, F.E. Sweeney and Pfeifer, JJ., concur.

Wright, J., dissents.  