State v. Gibson ( 2018 )

[Cite as State v. Gibson, 2018-Ohio-4482.]
IN THE COURT OF APPEALS
TWELFTH APPELLATE DISTRICT OF OHIO
WARREN COUNTY
STATE OF OHIO, :
Plaintiff-Appellee, : CASE NO. CA2018-01-008
: DECISION
- vs - 11/5/2018
:
MASAI GIBSON, :
Defendant-Appellant. :
CRIMINAL APPEAL FROM WARREN COUNTY COURT OF COMMON PLEAS
Case No. 17 CR 033326
David P. Fornshell, Warren County Prosecuting Attorney, Kirsten A. Brandt, 520 Justice
Drive, Lebanon, Ohio 45036, for plaintiff-appellee
Craig A. Newburger, 477 Forest Edge Drive, South Lebanon, Ohio 45065, 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
Warren County Court of Common Pleas, and upon a brief and amended brief filed by
appellant's counsel.
{¶ 2} Counsel for appellant, Masai Gibson, has filed a brief and amended brief with
Warren CA2018-01-008
this court pursuant to Anders v. California, 386 U.S. 738, 87 S. Ct. 1396 (1967), which (1)
indicate 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) list four potential errors "that might arguably support the appeal,"
Anders at 744, 87 S. Ct. at 1400; (3) request 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) request permission to withdraw as counsel for appellant
on the basis that the appeal is wholly frivolous; and (5) certify 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., PIPER and M. POWELL, JJ., concur.
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