State v. Jensen, Unpublished Decision (5-4-2001)
State v. Jensen, Unpublished Decision (5-4-2001)
Opinion of the Court
On June 12, 2000, as a result of a plea agreement, appellant, Jeffery Jensen, pled guilty to one count of breaking and entering and one count of failure to comply with the order of an officer, fifth and fourth degree felonies respectively. Following a presentence investigation, the court sentenced appellant to ten months imprisonment for the breaking and entering and one year imprisonment for failing to comply. The court ordered that the terms be served consecutively.
At appellant's request the trial court appointed counsel for an appeal. Appellate counsel has filed a brief pursuant to Anders v.California (1967),
In his brief, appellate counsel sets forth the following as a potential assignment of error which might arguably be supported by the record.
"The court did not make the requisite findings under O.R.C. §
Appointed counsel for appellant has submitted to this court a motion for leave to withdraw as counsel for appellant for want of meritorious, appealable issue, pursuant to the constitutional guidelines established inAnders v. California, supra. See also, State v. Duncan (1978),
With respect to the potential assignment of error which appellate counsel raises, R.C.
Here, although appellant had numerous misdemeanor convictions, he had never before been in prison. At the sentencing hearing, the trial court sentenced appellant to greater than the minimum allowable sentence, stating that to do otherwise, "* * * would both demean the seriousness of the offenses here and would not adequately protect the public from your future behavior."
Clearly, the statute requires specific findings in this circumstance.State v. Edmonson (1999),
Accordingly, appellant's counsel is correct when he characterizes this potential assignment of error as being without merit. Moreover, our own careful review of the record reveals no other errors which would require reversal. Therefore, this appeal is wholly frivolous. Counsel's request to withdraw is found well-taken and is, hereby, granted.
Upon consideration whereof, the judgment of the Ottawa County Court of Common Pleas is affirmed. Costs to appellant.
________________________ Peter M. Handwork, JUDGE
James R. Sherck, J. and Richard W. Knepper, J. CONCUR.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.