State v. Morris ( 2024 )


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  • [Cite as State v. Morris, 
    2024-Ohio-1520
    .]
    IN THE COURT OF APPEALS
    TWELFTH APPELLATE DISTRICT OF OHIO
    BUTLER COUNTY
    STATE OF OHIO,                                    :
    Appellee,                                  :     CASE NO. CA2024-01-001
    :          DECISION
    - vs -                                                    4/22/2024
    :
    ROBERT J. MORRIS,                                 :
    Appellant.                                 :
    CRIMINAL APPEAL FROM BUTLER COUNTY COURT OF COMMON PLEAS
    Case No. CR2023-02-0186
    Michele K. Temmel, for appellant
    Michael T. Gmoser, Butler County Prosecuting Attorney, and Willa Concannon, Assistant
    Prosecuting Attorney, for appellee.
    Per Curiam.
    {¶1}     This cause came on to be considered upon a notice of appeal filed by
    appellant, Robert J. Morris, 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 brief filed by appellant's counsel.
    Butler CA2024-01-001
    {¶2}   Appellant's counsel 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}   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.
    HENDRICKSON, P.J., PIPER and M. POWELL, JJ., concur.
    -2-
    [Cite as State v. Morris, 
    2024-Ohio-1520
    .]
    

Document Info

Docket Number: CA2024-01-001

Judges: Per Curiam

Filed Date: 4/22/2024

Precedential Status: Precedential

Modified Date: 4/22/2024