State v. Peterson

[Cite as State v. Peterson, 2016-Ohio-920.]
Court of Appeals of Ohio
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
JOURNAL ENTRY AND OPINION
No. 102532
STATE OF OHIO
PLAINTIFF-APPELLEE
vs.
KEBLELIN PETERSON
DEFENDANT-APPELLANT
JUDGMENT:
DISMISSED
Criminal Appeal from the
Cuyahoga County Court of Common Pleas
Case No. CR-13-574157-A
BEFORE: E.A. Gallagher, P.J., Celebrezze, J., and S. Gallagher, J.
RELEASED AND JOURNALIZED: March 10, 2016
ATTORNEY FOR APPELLANT
Robert A. Dixon
4403 St. Clair Avenue
Cleveland, Ohio 44103
ALSO LISTED
Keblelin Peterson
Inmate No. A663540
Mansfield Correctional Institution
P.O. Box 788
Mansfield, Ohio 44901
ATTORNEY FOR APPELLEE
Timothy J. McGinty
Cuyahoga County Prosecutor
Justice Center, 9th Floor
1200 Ontario Street
Cleveland, Ohio 44113
EILEEN A. GALLAGHER, P.J.:
{¶1} Defendant-appellant Keblelin Peterson appeals the sentence following his
guilty plea to one count of involuntary manslaughter in the Cuyahoga County Court of
Common Pleas.
{¶2} Peterson’s appointed counsel on appeal filed a brief with this court pursuant
to Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967). An
Anders brief “sets forth a procedure for ensuring that an indigent defendant’s right to
counsel on appeal is honored when his attorney asserts that the appeal is without merit”
and asks to withdraw from the case. State v. Taylor, 8th Dist. Cuyahoga No. 101368,
2015-Ohio-420, ¶ 6.
{¶3} On June 22, 2015, we issued an order finding that the record on appeal was
incomplete at the time that the Anders brief was filed due to Peterson’s original appellate
counsel limiting his review to sentencing issues and neglecting to examine potential
errors from Peterson’s plea hearing. Therefore, we ordered the record to be
supplemented with the plea transcript, granted Peterson’s original appellate counsel’s
motion to withdraw and appointed new counsel to represent him pursuant to Loc.App.R.
46.
{¶4} On September 28, 2015, Peterson’s second appellate counsel filed a second
Anders brief after reviewing the entire record. In his Anders brief, Peterson’s counsel
identified the relevant law and facts and demonstrated why these potential assignments
are frivolous.
{¶5} We granted Peterson’s counsel’s motion to withdraw and provided Peterson
an opportunity to file a pro se brief with assignments of error by December 31, 2015.
Appellant has not filed a pro se brief, to date.
{¶6} After a thorough, independent review of the record, we find no arguable merit
in any of the potential assignments of error proffered by Peterson’s appellate counsel and
conclude that the appeal is wholly frivolous under Anders.
{¶7} We therefore dismiss the appeal.
It is ordered that appellee recover of apppellant costs herein taxed.
A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of
the Rules of Appellate Procedure.
______________________________________________
EILEEN A. GALLAGHER, PRESIDING JUDGE
SEAN C. GALLAGHER, J., and
FRANK D. CELEBREZZE, JR., J., CONCUR