State v. Collingsworth , 2024 Ohio 3234 ( 2024 )


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  • [Cite as State v. Collingsworth, 
    2024-Ohio-3234
    .]
    IN THE COURT OF APPEALS
    TWELFTH APPELLATE DISTRICT OF OHIO
    BUTLER COUNTY
    :
    STATE OF OHIO,
    :   CASE NO. CA2024-04-050
    Appellee,
    :          DECISION
    8/26/2024
    - vs -                                         :
    :
    MICHAEL COLLINSWORTH,
    :
    Appellant.
    CRIMINAL APPEAL FROM BUTLER COUNTY COURT OF COMMON PLEAS
    Case No. CR2023-11-1697
    Michael T. Gmoser, Butler County Prosecuting Attorney, and John Heinkel, Assistant
    Prosecuting Attorney, for appellee.
    Engel & Martin, LLC, and Mary K. Martin, for appellant.
    Per Curiam.
    {¶1}     This cause came on to be considered upon a notice of appeal filed by
    appellant, Michael Collinsworth, 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.
    {¶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
    Butler CA2024-04-050
    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 three
    potential errors "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., HENDRICKSON and BYRNE, JJ., concur.
    -2-
    [Cite as State v. Collingsworth, 
    2024-Ohio-3234
    .]
    

Document Info

Docket Number: CA2024-04-050

Citation Numbers: 2024 Ohio 3234

Judges: Per Curiam

Filed Date: 8/26/2024

Precedential Status: Precedential

Modified Date: 8/29/2024