In Re: Roberts, Unpublished Decision (12-4-1998)
In Re: Roberts, Unpublished Decision (12-4-1998)
Opinion of the Court
Appellant was granted a delayed appeal in this case on June 22, 1998. Appellant's counsel has filed a motion to withdraw and brief pursuant to Anders v. California (1967),
I
THE PLEAS OF THE DEFENDANT-APPELLANT, AND ACCOMPANYING WAIVERS OF HIS CONSTITUTIONAL RIGHTS, WERE NOT KNOWINGLY AND INTELLIGENTLY ENTERED.
II
THE DEFENDANT-APPELLANT WAS DENIED THE EFFECTIVE ASSISTANCE OF TRIAL COUNSEL.
III
THE TRIAL COURT SHOULD NOT HAVE ACCEPTED MR. ROBERTS ADMISSIONS AS EVIDENCE WAS INSUFFICIENT TO ESTABLISH THAT HE HAD COMMITTED THE OFFENSES ALLEGED.
This court finds that a letter has been sent to appellant to file a brief within thirty days of an entry filed by this court on October 7, 1998. See, Exhibit D attached to Motion of Counsel to Certify Compliance filed on October 12, 1998. We find appellant's counsel sent a copy of his Anders brief to appellant by regular mail. As of November 23, 1998, appellant has not filed a pro se brief.
This court has reviewed the three assignments of error posed by appellant's counsel and has carefully and independently reviewed the transcript of the initial appearance, plea and disposition. After review, we find the motion to withdraw is appropriately filed. Further, the assignments of error or any potential assignments of error are not supported by the record.
Appellant's plea is governed by Juv.R. 29(D) which states as follows:
(D) Initial procedure upon entry of an admission
The court may refuse to accept an admission and shall not accept an admission without addressing the party personally and determining both of the following:
(1) The party is making the admission voluntarily with understanding of the nature of the allegations and the consequences of the admission;
(2) The party understands that by entering an admission the party is waiving the right to challenge the witnesses and evidence against the party, to remain silent, and to introduce evidence at the adjudicatory hearing.
The court finds this rule has been fully complied with subjudice. An inquiry by the trial court as to the voluntariness of appellant's plea is substantiated by the record. T. at 6-7. Furthermore, appellant, while in the presence of his parents and with the assent of his father, knowingly waived his right to an attorney after full inquiry by the trial court. T. at 2-3.
Based upon our review of the record, we find the appeal to be frivolous and the record does not demonstrate any cause for relief. Appellant's three assignments of error are overruled for the foregoing reasons. Counsel's motion to withdraw is granted.
The judgment of the Court of Common Pleas of Licking County, Ohio, Juvenile Division is hereby affirmed.
By Farmer, P.J., Gwin, J. and Wise, J. concur.
For the reasons stated in the Memorandum-Opinion on file, the judgment of the Court of Common Pleas of Licking County, Ohio, Juvenile Division is affirmed.
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