State v. Allen

[Cite as State v. Allen, 2017-Ohio-424.]
IN THE COURT OF APPEALS
TWELFTH APPELLATE DISTRICT OF OHIO
CLERMONT COUNTY
STATE OF OHIO, :
Plaintiff-Appellee, : CASE NO. CA2016-06-035
: DECISION
- vs - 2/6/2017
:
DANIEL T. ALLEN, :
Defendant-Appellant. :
CRIMINAL APPEAL FROM CLERMONT COUNTY COURT OF COMMON PLEAS
Case No. 2016CR0064
D. Vincent Faris, Clermont County Prosecuting Attorney, 76 South Riverside Drive, 2nd
Floor, Batavia, Ohio 45103, for plaintiff-appellee
W. Stephen Haynes, Clermont County Public Defender, 302 East Main Street, Batavia, Ohio
45103, 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
Clermont County Court of Common Pleas, a brief filed by appellant's counsel and upon a
reply brief filed by the state of Ohio.
{¶ 2} Counsel for appellant, Daniel T. Allen, has filed a brief with this court pursuant
Clermont CA2016-06-035
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 M. POWELL, JJ., concur.
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