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State v. Sisco

Court of Appeals of Ohio, First District, Hamilton County
Dec 8, 1999
Appeal Nos. C-990167, C-990158. Trial No. B-9808139 (Ohio Ct. App. Dec. 8, 1999)

Opinion

Appeal Nos. C-990167, C-990158. Trial No. B-9808139.

These appeals have been sua sponte consolidated under case number C-990167.

December 8, 1999.


JUDGMENT ENTRY.

This appeal, considered on the accelerated calendar under App.R. 11.1(E) and Loc.R. 12, is not controlling authority except as provided in S.Ct.R.Rep.Op. 2(G)(1).

Defendant-appellant Charles Sisco appeals his convictions for driving under the influence in violation of R.C. 4511.19(A)(1) and (A)(3). Pursuant to Anders v. California, Sisco's appointed appellate counsel has advised this court that, after a thorough review of the record, he can find nothing that would arguably support Sisco's appeal. Appellate counsel has filed an affidavit stating that he has advised Sisco that he has not found any prejudicial errors, and he asks us independently to review the record. Further, appellate counsel has filed a motion to withdraw as counsel pursuant to Anders.

After reviewing the entire record, we hold that it is devoid of error and that there are no grounds to support a meritorious appeal. The judgment of the trial court is, therefore, affirmed, and appellate counsel's motion to withdraw is overruled.

See id.; Freels v. Hills (C.A. 6, 1988), 843 F.2d 958.

Although we conclude that this appeal is frivolous under App.R. 23 and has no "reasonable cause" under R.C. 2505.35, we refrain from taxing costs and expenses against Sisco because he is indigent.

Further, a certified copy of this Judgment Entry shall constitute the mandate, which shall be sent to the trial court under App.R. 27. Costs shall be taxed under App.R. 24.

Gorman, P.J., Sundermann, and Shannon, JJ.

Judge Raymond E. Shannon, retired, of the First Appellate District, sitting by assignment.


Summaries of

State v. Sisco

Court of Appeals of Ohio, First District, Hamilton County
Dec 8, 1999
Appeal Nos. C-990167, C-990158. Trial No. B-9808139 (Ohio Ct. App. Dec. 8, 1999)
Case details for

State v. Sisco

Case Details

Full title:STATE OF OHIO, Plaintiff-Appellee, vs. CHARLES SISCO, Defendant-Appellant

Court:Court of Appeals of Ohio, First District, Hamilton County

Date published: Dec 8, 1999

Citations

Appeal Nos. C-990167, C-990158. Trial No. B-9808139 (Ohio Ct. App. Dec. 8, 1999)