State v. Sturgill , 2024 Ohio 3235 ( 2024 )

[Cite as State v. Sturgill, 2024-Ohio-3235.]
IN THE COURT OF APPEALS
TWELFTH APPELLATE DISTRICT OF OHIO
BUTLER COUNTY
:
STATE OF OHIO,
: CASE NO. CA2024-04-054
Appellee,
: DECISION
8/26/2024
- vs - :
:
STEVEN DWAYNE STURGILL,
:
Appellant.
CRIMINAL APPEAL FROM BUTLER COUNTY COURT OF COMMON PLEAS
Case No. CR2023-08-1254
Michael T. Gmoser, Butler County Prosecuting Attorney, and John Heinkel, Assistant
Prosecuting Attorney, for appellee.
Christopher Bazeley, for appellant.
Per Curiam.
{¶1} This cause came on to be considered upon a notice of appeal filed by
appellant, Steven Dwayne Sturgill, 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 briefs.
Butler CA2024-04-054
{¶2} Appellant's counsel has filed a brief with this court pursuant to Anders v.
California, 386 U.S. 738 (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; (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., M. POWELL and BYRNE, JJ., concur.
-2-
[Cite as State v. Sturgill, 2024-Ohio-3235.]