State v. Smith

[Cite as State v. Smith, 2020-Ohio-421.]
IN THE COURT OF APPEALS
TWELFTH APPELLATE DISTRICT OF OHIO
CLINTON COUNTY
STATE OF OHIO, :
Appellee, : CASE NO. CA2019-06-013
: DECISION
- vs - 2/10/2020
:
GREGORY SMITH, :
Appellant. :
CRIMINAL APPEAL FROM CLINTON COUNTY COURT OF COMMON PLEAS
Case No. CRI 18-500-278
Richard W. Moyer, Clinton County Prosecuting Attorney, 103 E. Main Street, Wilmington,
Ohio 45177, for appellee
Craig A. Newburger, 477 Forest Edge Drive, South Lebanon, Ohio 45065, for appellant
Per Curiam.
{¶1} This cause came on to be considered upon a notice of appeal filed by
appellant, Gregory Smith, the transcript of the docket and journal entries, the transcript of
proceedings and original papers from the Warren County Court of Common Pleas, and
upon the brief filed by appellant's counsel.
{¶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
Clinton CA2019-06-013
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 one potential error "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.
M. POWELL, P.J., S. POWELL and PIPER, JJ., concur.