State v. Constable

[Cite as State v. Constable, 2018-Ohio-2083.]
IN THE COURT OF APPEALS
TWELFTH APPELLATE DISTRICT OF OHIO
CLINTON COUNTY
STATE OF OHIO, :
Plaintiff-Appellee, : CASE NO. CA2017-10-014
: DECISION
- vs - 5/29/2018
:
JAMES E. CONSTABLE, :
Defendant-Appellant. :
CRIMINAL APPEAL FROM CLINTON COUNTY MUNICIPAL COURT
Case No. CRB 1700272
Laura Railing Gibson, 69 N. South Street, Wilmington, Ohio 45177, for plaintiff-appellee
Blaise S. Underwood, 97 N. South Street, Wilmington, Ohio 45177, for defendant-appellant
Per Curiam.
{¶ 1} This cause came on to be considered upon a notice of appeal, the transcript of
the docket and journal entries, the transcript of proceedings and original papers from the
Clinton County Municipal Court, and upon a brief filed by appellant's counsel.
{¶ 2} Counsel for appellant, James E. Constable, 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
Clinton CA2017-10-014
trial court prejudicial to the rights of appellant upon which an assignment of error may be
predicated; (2) lists four 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.
HENDRICKSON, P.J., PIPER and M. POWELL, JJ., concur.
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