State v. Sears , 2024 Ohio 126 ( 2024 )

[Cite as State v. Sears, 2024-Ohio-126.]
IN THE COURT OF APPEALS
TWELFTH APPELLATE DISTRICT OF OHIO
CLERMONT COUNTY
:
STATE OF OHIO,
: CASE NO. CA2023-09-063
Appellee,
: DECISION
1/16/2024
- vs - :
:
DAVID JAMES SEARS,
:
Appellant.
CRIMINAL APPEAL FROM CLERMONT COUNTY COURT OF COMMON PLEAS
Case No. 2023 CR 000191
Mark J. Tekulve, Clermont County Prosecuting Attorney, and Nick Horton, Assistant
Prosecuting Attorney, for appellee.
W. Stephen Haynes, Clermont County Public Defender, and Robert F. Benintendi,
Assistant Public Defender, for appellant.
Per Curiam.
{¶1} This cause came on to be considered upon a notice of appeal filed by
appellant, David James Sears, the transcript of the docket and journal entries, the
transcript of proceedings and original papers from the Clermont County Court of Common
Pleas, and upon the brief filed by appellant's counsel.
Clermont CA2023-09-063
{¶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 two potential errors "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.
S. POWELL, P.J., PIPER and BYRNE, JJ., concur.
NOTICE TO THE CLERK:
Serve a copy of this decision upon appellant at: David James Sears, #A818253,
London Correctional Institution, P.O. Box 69, London, OH 43140
-2-
[Cite as State v. Sears, 2024-Ohio-126.]