State v. Steinmetz , 2019 Ohio 3717 ( 2019 )

[Cite as State v. Steinmetz, 2019-Ohio-3717.]
IN THE COURT OF APPEALS
TWELFTH APPELLATE DISTRICT OF OHIO
BUTLER COUNTY
STATE OF OHIO, :
Appellee, : CASE NO. CA2019-02-038
: DECISION
- vs - 9/16/2019
:
PETER L. STEINMETZ, :
Appellant. :
CRIMINAL APPEAL FROM BUTLER COUNTY COURT OF COMMON PLEAS
Case No. CR2018-09-1662
Michael T. Gmoser, Butler County Prosecuting Attorney, Willa Concannon, Government
Services Center, 315 High Street, 11th Floor, Hamilton, OH 45011-6057, for appellee
Paul W. Shonk, 5103 Pleasant Ave., Fairfield, Ohio 45014, for appellant
Peter L. Steinmetz, #A755735, Ross Correctional Institution, 16149 State Rt. 104,
Chillicothe, Ohio 45601
Per Curiam.
{¶1} This cause came on to be considered upon a notice of appeal filed by
appellant, Peter L. Steinmetz, 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, appellant's pro se brief, and the state's brief in
response to appellant's pro se brief.
{¶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
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} Appellant has filed a pro se brief raising assignments of error pertaining to his
sentence and the validity of his plea.
{¶4} We have accordingly examined the record, the potential assignments of error
presented in counsel's brief, and the assignments of error in appellant's pro se brief 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.