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State v. Pack

COURT OF APPEALS TWELFTH APPELLATE DISTRICT OF OHIO MADISON COUNTY
Oct 28, 2019
2019 Ohio 4396 (Ohio Ct. App. 2019)

Opinion

CASE NO. 2018-08-026

10-28-2019

STATE OF OHIO, Appellee, v. ROGER C. PACK, Appellant.

Honorable Stephen J. Pronai, Madison County Prosecuting Attorney, 59 North Main Street, London, Ohio 43140, for appellee Engel & Martin, LLC, Joshua A. Engel, 4660 Duke Drive, Suite 101, Mason, Ohio 45040, for appellant


DECISION

CRIMINAL APPEAL FROM MADISON COUNTY COURT OF COMMON PLEAS
Case No. CRI20180051 Honorable Stephen J. Pronai, Madison County Prosecuting Attorney, 59 North Main Street, London, Ohio 43140, for appellee Engel & Martin, LLC, Joshua A. Engel, 4660 Duke Drive, Suite 101, Mason, Ohio 45040, for appellant Per Curiam.

{¶1} This cause came on to be considered upon a notice of appeal filed by appellant, Roger Pack, the transcript of the docket and journal entries, the transcript of proceedings and original papers from the Madison 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 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., PIPER and M. POWELL, JJ., concur.


Summaries of

State v. Pack

COURT OF APPEALS TWELFTH APPELLATE DISTRICT OF OHIO MADISON COUNTY
Oct 28, 2019
2019 Ohio 4396 (Ohio Ct. App. 2019)
Case details for

State v. Pack

Case Details

Full title:STATE OF OHIO, Appellee, v. ROGER C. PACK, Appellant.

Court:COURT OF APPEALS TWELFTH APPELLATE DISTRICT OF OHIO MADISON COUNTY

Date published: Oct 28, 2019

Citations

2019 Ohio 4396 (Ohio Ct. App. 2019)