State v. Delong, Unpublished Decision (9-10-1999)
State v. Delong, Unpublished Decision (9-10-1999)
Opinion of the Court
OPINION
Appellant, John A. DeLong ("appellant") appeals from the judgment of conviction and sentence entered upon a jury's verdict finding appellant guilty of aggravated robbery, a first degree felony under R.C. SectionUpon review of the record before us, we find Attorney Miller has complied with the procedure set forth above and has provided a copy of his brief and Motion to Withdraw as Counsel upon appellant. Appellant was also advised of his right to file a pro se brief on his behalf and, as of the date of this entry, appellant has failed to do so. This court has independently examined the entire transcript in this matter, including, but not limited to, the transcript of proceedings, and we agree with the conclusion of appointed counsel for appellant that there are no arguably meritorious issues or errors that occurred during the trial of this matter to be raised or decided on appeal. In fact, we believe, from a review of appellant's testimony alone, that a jury could have reasonably concluded from the contradictions contained in appellant's testimony, that he actively, knowingly and voluntarily participated in the aggravated robbery with his brother-in-law. As such, this court hereby grants Attorney Miller's Motion to Withdraw as Counsel for Appellant.
For these reasons, the Judgment of Conviction and Sentence entered in the Perry County Court of Common Pleas is hereby affirmed.
by Edwards, J. Gwin, P.J. and Farmer, J. concur
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