State v. Peck , 2013 Ohio 1951 ( 2013 )

[Cite as State v. Peck, 2013-Ohio-1951.]
IN THE COURT OF APPEALS
TWELFTH APPELLATE DISTRICT OF OHIO
BUTLER COUNTY
STATE OF OHIO, :
Plaintiff-Appellee, : CASE NO. CA2012-09-174
: DECISION
- vs - 5/13/2013
:
JOSEPH R. PECK, :
Defendant-Appellant. :
CRIMINAL APPEAL FROM BUTLER COUNTY COURT OF COMMON PLEAS
Case No. CR2012-04-0596
Michael T. Gmoser, Butler County Prosecuting Attorney, Government Services Center,
315 High Street, 11th Floor, Hamilton, OH 45011-6057, for plaintiff-appellee
Brandabur & Bowling Co., L.P.A., Jeffrey W. Bowling, 315 South Monument Avenue,
Hamilton, Ohio 45011, 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 Butler County Court of Common Pleas, and upon the brief filed by
appellant's counsel, oral argument having been waived.
{¶ 2} Counsel for defendant-appellant, Joseph R. Peck, 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
Butler CA2000-00-000
any errors by the trial court prejudicial to the rights of appellant upon which an
assignment of error may be predicated; (2) lists seven 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.
RINGLAND, P.J., S. POWELL and M. POWELL, JJ., concur.
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