State v. Brady , 2023 Ohio 1322 ( 2023 )

[Cite as State v. Brady, 2023-Ohio-1322.]
IN THE COURT OF APPEALS
TWELFTH APPELLATE DISTRICT OF OHIO
WARREN COUNTY
STATE OF OHIO, :
Appellee, : CASE NO. CA2022-09-066
: DECISION
- vs - 4/24/2023
:
PHILLIP ANDREW BRADY, :
Appellant. :
CRIMINAL APPEAL FROM WARREN COUNTY COURT OF COMMON PLEAS
Case No. 22CR038992
David P. Fornshell, Warren County Prosecuting Attorney, and Kirsten A. Brandt,
Assistant Prosecuting Attorney, for appellee.
The Helbing Law Firm, LLC, and John J. Helbing, for appellant.
Per Curiam.
{¶1} This cause came on to be considered upon a notice of appeal filed by
appellant, Phillip Andrew Brady, 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 the record from the proceedings below fails to disclose any errors by the trial court
Warren CA2022-09-066
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.
S. POWELL, P.J., HENDRICKSON and PIPER, JJ., concur.
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