State v. Ishimwe ( 2024 )

[Cite as State v. Ishimwe, 2024-Ohio-4526.]
IN THE COURT OF APPEALS
TWELFTH APPELLATE DISTRICT OF OHIO
BUTLER COUNTY
STATE OF OHIO, :
Appellee, : CASE NO. CA2024-03-043
: DECISION
- vs - 9/16/2024
:
CEDRIC ISHIMWE, :
Appellant. :
CRIMINAL APPEAL FROM BUTLER COUNTY COURT OF COMMON PLEAS
Case No. CR2023-07-1050
Michael T. Gmoser, Butler County Prosecuting Attorney, and John Heinkel, Assistant
Prosecuting Attorney, for appellee.
Repper-Pagan Law, Ltd., and Christopher Pagan, for appellant.
Per Curiam.
{¶1} This cause came on to be considered upon a notice of appeal filed by
appellant, Cedric Ishimwe, 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.
{¶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
Butler CA2024-03-043
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 two 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.
BYRNE, P.J., PIPER and M. POWELL, JJ., concur.
-2-
[Cite as State v. Ishimwe, 2024-Ohio-4526.]