State v. Smith

Full title: STATE OF OHIO, Appellee, v. KAY CEE ELAYNE SMITH, Appellant.

Court: Court of Appeals of Ohio, Twelfth District, Brown

Date published: Oct 12, 2021

2021 Ohio 3645 (Ohio Ct. App. 2021)

Opinion

CA2021-01-001

10-12-2021

STATE OF OHIO, Appellee, v. KAY CEE ELAYNE SMITH, Appellant.

Zachary A. Corbin, Brown County Prosecuting Attorney, for appellee. Alexander, Wagner & Kinman, and Maxwell D. Kinman, for appellant.

PER CURIAM.

CRIMINAL APPEAL FROM BROWN COUNTY COURT OF COMMON PLEAS Case No. CRI2019-2246

Zachary A. Corbin, Brown County Prosecuting Attorney, for appellee.

Alexander, Wagner & Kinman, and Maxwell D. Kinman, for appellant.

DECISION

PER CURIAM.

{¶1} This cause came on to be considered upon a notice of appeal filed by appellant, Kay Cee Elayne Smith, 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.

{¶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., HENDRICKSON and BYRNE, JJ., concur.