State v. Gregory , 2017 Ohio 7210 ( 2017 )

[Cite as State v. Gregory, 2017-Ohio-7210.]
IN THE COURT OF APPEALS
TWELFTH APPELLATE DISTRICT OF OHIO
BUTLER COUNTY
STATE OF OHIO, :
Plaintiff-Appellee, : CASE NO. CA2017-02-019
: DECISION
- vs - 8/14/2017
:
ROBERT H. GREGORY, :
Defendant-Appellant. :
CRIMINAL APPEAL FROM BUTLER COUNTY COURT OF COMMON PLEAS
Case No. CR2016-06-0858
Michael T. Gmoser, Butler County Prosecuting Attorney, Government Services Center,
315 High Street, 11th Floor, Hamilton, OH 45011-6057, for plaintiff-appellee
Michele Temmel, 6 South Second Street, Suite 305, Hamilton, Ohio 4511, for
defendant-appellant
Per Curiam.
{¶1} This cause came on to be considered upon a notice of appeal, the
transcript of the docket and journal entries, the transcript of proceedings and original
papers from the Butler County Court of Common Pleas, and upon the brief filed by
appellant's counsel.
{¶2} Counsel for defendant-appellant, Robert Gregory, has filed a brief with this
court pursuant to Anders v. California, 386 U.S. 738, 87 S. Ct. 1396 (1967), which (1)
indicates that a careful review of the record from the proceedings below fails to disclose
Butler CA2017-02-019
any errors by the trial court prejudicial to the rights of appellant upon which an
assignment of error may be predicated; (2) lists one potential error "that might arguably
support the appeal," Anders, at 744, 87 S. Ct. at 1400; (3) requests that this court review
the record independently to determine whether the proceedings are free from prejudicial
error and without infringement of appellant's constitutional rights; (4) requests
permission to withdraw as counsel for appellant on the basis that the appeal is wholly
frivolous; and (5) certifies that a copy of both the brief and motion to withdraw have been
served upon appellant.
{¶3} Having allowed appellant sufficient time to respond, and no response
having been received, we have accordingly examined the record and find no error
prejudicial to appellant's rights in the proceedings in the trial court. The motion of
counsel for appellant requesting to withdraw as counsel is granted, and this appeal is
dismissed for the reason that it is wholly frivolous.
S. POWELL, P.J., RINGLAND and M. POWELL, JJ., concur.
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