State v. Foster

[Cite as State v. Foster, 2018-Ohio-4561.]
IN THE COURT OF APPEALS
TWELFTH APPELLATE DISTRICT OF OHIO
BUTLER COUNTY
STATE OF OHIO, :
Plaintiff-Appellee, : CASE NO. CA2017-07-108
: AMENDED DECISION
- vs - ON REOPENING
: 11/13/2018
RODNEY DWAYNE FOSTER, :
Defendant-Appellant. :
CRIMINAL APPEAL FROM BUTLER COUNTY COURT OF COMMON PLEAS
Case No. CR2016-01-0083
Michael T. Gmoser, Butler County Prosecuting Attorney, Government Services Center, 315
High Street, 11th Floor, Hamilton, Ohio 45011, for plaintiff-appellee
Rodney Dwayne Foster, #A726786, London Correctional Institution, 1580 State Route 56
SW, London, Ohio 43140, defendant-appellant, pro se
Per Curiam.
{¶ 1} This cause is before the court after the appeal was reopened pursuant to an
App.R. 26(B) application filed by appellant. Appellant's application to reopen was granted on
the basis that appellant was not informed that he could file a pro se brief after his counsel
filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396 (1967).
{¶ 2} Appellant has now filed a pro se brief and the case has been considered upon
Butler CA2017-07-108
a notice of appeal, 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 a
no error brief previously filed by appellant's counsel and appellant's pro se brief.
{¶ 3} Appellant's pro se brief raises four assignments of error pertaining to
ineffectiveness of trial counsel, ineffectiveness of appellate counsel, withholding of
exculpatory evidence by the prosecutor, and appellant's lack of culpability in the victim's
death.
{¶ 4} We have accordingly examined the record and considered the arguments
raised in counsel's brief and in appellant's pro se brief and find no error prejudicial to
appellant's rights in the proceedings in the trial court. Therefore, this appeal is dismissed for
the reason that it is wholly frivolous.
S. POWELL, P.J., PIPER and M. POWELL, JJ., concur.
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