State v. Scott ( 2014 )

[Cite as State v. Scott, 2014-Ohio-4177.]
IN THE COURT OF APPEALS
TWELFTH APPELLATE DISTRICT OF OHIO
MADISON COUNTY
STATE OF OHIO, :
Plaintiff-Appellee, : CASE NO. CA2014-05-013
: DECISION
- vs - 9/22/2014
:
DELBERT W. SCOTT, :
Defendant-Appellant. :
CRIMINAL APPEAL FROM MADISON COUNTY COURT OF COMMON PLEAS
Case No. CR20090041
Stephen J. Pronai, Madison County Prosecuting Attorney, Nicholas A. Adkins, 59 North Main
Street, London, Ohio 43140, for plaintiff-appellee
Shannon Marie Treynor, 63 North Main Street, P.O. Box 735, London, Ohio 43140, for
defendant-appellant
Delbert W. Scott, #A587593, Pickaway Correctional Institution, P.O. Box 209, Orient, Ohio
43146, defendant-appellant, pro se
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
Madison County Court of Common Pleas, and upon the briefs filed by counsel and the pro se
brief filed by appellant, Delbert W. Scott, oral argument having been waived.
Madison CA2014-05-013
{¶ 2} Counsel for defendant-appellant, Delbert Scott, 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 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} Appellant has filed a pro se brief raising an assignment of error concerning
whether his speedy trial rights were violated.
{¶ 4} We have examined the record, the potential assignment of error presented in
counsel's brief, and the assignment of error in appellant's pro se brief and find no error
prejudicial to appellant's rights in the proceedings in the trial court. Therefore, 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.
RINGLAND, P.J., S. POWELL and M. POWELL, JJ., concur.
NOTICE TO CLERK:
Serve a copy of this Decision upon appellant at: Delbert W. Scott, #A587593, Pickaway
Correctional Institution, P.O. Box 209, Orient, Ohio 43146
Jess C. Weade, Madison County Prosecuting Attorney, Rachel M. Price, 59 North Main
Street, London, Ohio 43140, for plaintiff-appellee
Shannon Marie Treynor, 63 North Main Street, P.O. Box 735, London, Ohio 43140, for
defendant-appellant
-2-
[Cite as State v. Scott, 2014-Ohio-4177.]