Opinion
CASE NO. CA2011-06-012
05-14-2012
STATE OF OHIO, Plaintiff-Appellee, v. JAMES L. BENNETT, Defendant-Appellant.
Jessica A. Little, Brown County Prosecuting Attorney, 200 East Cherry Street, Georgetown, Ohio 45121, for plaintiff-appellee Robert E. Rickey, Brown County Public Defender, Julie D. Steddom, 134 North Front Street, Ripley, Ohio 45167, for defendant-appellant James L. Bennett, #A477810, Correctional Reception Center, P.O. Box 300, 11271 State Rt. 762, Orient, Ohio 43146, defendant-appellant, pro se
CRIMINAL APPEAL FROM BROWN COUNTY COURT OF COMMON PLEAS
Case No. 2003-2143
Jessica A. Little, Brown County Prosecuting Attorney, 200 East Cherry Street, Georgetown, Ohio 45121, for plaintiff-appellee
Robert E. Rickey, Brown County Public Defender, Julie D. Steddom, 134 North Front Street, Ripley, Ohio 45167, for defendant-appellant
James L. Bennett, #A477810, Correctional Reception Center, P.O. Box 300, 11271 State Rt. 762, Orient, Ohio 43146, defendant-appellant, pro se
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 Brown County Court of Common Pleas, and upon the brief filed by appellant's counsel, the pro se brief of appellant, James L. Bennett, and the state's answer brief.
{¶ 2} Counsel for appellant 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 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} We have examined the record, the potential assignment of error 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.
POWELL, P.J., HENDRICKSON and PIPER, JJ., concur.