State v. Pocock ( 2014 )

[Cite as State v. Pocock, 2014-Ohio-3787.]
IN THE COURT OF APPEALS
TWELFTH APPELLATE DISTRICT OF OHIO
CLINTON COUNTY
STATE OF OHIO, :
Plaintiff-Appellee, : CASE NO. CA2014-03-006
: DECISION
- vs - 9/2/2014
:
DUSTIN W. POCOCK, :
Defendant-Appellant. :
CRIMINAL APPEAL FROM CLINTON COUNTY COURT OF COMMON PLEAS
Case No. 2013-5387
Richard W. Moyer, Clinton County Prosecuting Attorney, 103 West Main Street, Wilmington,
Ohio 45177, for plaintiff-appellee
Foster Law, LLC, Mary T. Foster, 636 Northland Blvd., Suite 100, Cincinnati, Ohio 45240, 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
Clinton County Court of Common Pleas, and upon a brief filed by appellant's counsel.
{¶ 2} Counsel for defendant-appellant, Dustin W. Pocock, has filed a brief with this
court pursuant to Anders v. California, 386 U.S. 738, 87 S. Ct. 1396 (1967), which (1)
Clinton CA2014-03-006
indicates 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 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} Although the brief filed by appellant's counsel does not specifically suggest
potential errors that may have been committed at the trial level, counsel does "note that there
were no motions filed on the defendant-appellant's behalf. There were no motions made by
the defendant-appellant or counsel on his behalf to withdraw his guilty plea at anytime, the
Court did not impose the maximum sentence in this case and the Court appeared to have
complied with Crim.R. 11 in accepting appellant's plea." The court will construe this
statement as suggesting potential errors involving (1) the lack of pretrial motions filed on
appellant's behalf; (2) the appropriateness of appellant's sentence; and (3) compliance with
Crim.R. 11.
{¶ 4} 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., PIPER and M. POWELL, JJ., concur.