State v. Payne , 2018 Ohio 220 ( 2018 )

[Cite as State v. Payne, 2018-Ohio-220.]
IN THE COURT OF APPEALS
TWELFTH APPELLATE DISTRICT OF OHIO
BUTLER COUNTY
STATE OF OHIO, :
Plaintiff-Appellee, : CASE NO. CA2017-06-083
: DECISION
- vs - 1/22/2018
:
LEWIS A. PAYNE, :
Defendant-Appellant. :
CRIMINAL APPEAL FROM BUTLER COUNTY COURT OF COMMON PLEAS
Case No. CR2017-01-0128
Michael T. Gmoser, Butler County Prosecuting Attorney, Lina N. Alkamhawi, Government
Services Center, 315 High Street, 11th Floor, Hamilton, OH 45011-6057, for plaintiff-
appellee
Mary K. Martin, 4660 Duke Drive, Suite 101, Mason, Ohio 45040, 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, Lewis Payne, has filed a brief with this court
pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396 (1967), which (1) indicates
Butler CA20167-06-083
that a careful review of the record from the proceedings below fails to disclose any errors
by the trial court prejudicial to the rights of appellant upon which an assignment of error may
be predicated; (2) lists two potential errors "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 HENDRICKSON, JJ., concur.