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State v. Bracey

COURT OF APPEALS OF OHIO SIXTH APPELLATE DISTRICT SANDUSKY COUNTY
Jun 16, 2017
2017 Ohio 4334 (Ohio Ct. App. 2017)

Opinion

Court of Appeals No. S-16-025

06-16-2017

State of Ohio Appellee v. Karnell L. Bracey Appellant

Timothy F. Braun, Sandusky County Prosecuting Attorney, for appellee. James L. Reinheimer, for appellant.


Trial Court No. 15 CR 792 DECISION AND JUDGMENT Timothy F. Braun, Sandusky County Prosecuting Attorney, for appellee. James L. Reinheimer, for appellant. SINGER, J.

{¶ 1} This matter is before the court on the request to withdraw pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), filed by appellant's appointed counsel, James L. Reinheimer.

{¶ 2} Counsel failed to include the entire record from the court below. Therefore, the record is insufficient for us to conduct a full examination of the proceedings and decide if the appeal is indeed frivolous, pursuant to Anders. See id. at 744; see also State v. Duncan, 57 Ohio App.2d 93, 385 N.E.2d 323 (8th Dist.1978). As a result, we grant James L. Reinheimer's request to withdraw as counsel for appellant, and Karin Coble, 316 N. Michigan Street, Suite 600, Toledo, Ohio, 43604, is appointed to represent appellant for purposes of this appeal.

{¶ 3} Appellant's newly appointed counsel is to submit an original brief on the matter, and is granted 20 days from the date of this order to file an amended praecipe. The record is ordered to be filed 23 days from the date the amended praecipe is filed. Thereafter, briefing shall proceed pursuant to App.R. 18.

Motion granted.

Mark L. Pietrykowski, J.

Arlene Singer, J.

James D. Jensen, P.J.
CONCUR. /s/_________

JUDGE /s/_________

JUDGE /s/_________

JUDGE


Summaries of

State v. Bracey

COURT OF APPEALS OF OHIO SIXTH APPELLATE DISTRICT SANDUSKY COUNTY
Jun 16, 2017
2017 Ohio 4334 (Ohio Ct. App. 2017)
Case details for

State v. Bracey

Case Details

Full title:State of Ohio Appellee v. Karnell L. Bracey Appellant

Court:COURT OF APPEALS OF OHIO SIXTH APPELLATE DISTRICT SANDUSKY COUNTY

Date published: Jun 16, 2017

Citations

2017 Ohio 4334 (Ohio Ct. App. 2017)