State v. Byrd, Unpublished Decision (1-17-2003)
State v. Byrd, Unpublished Decision (1-17-2003)
Opinion of the Court
OPINION
{¶ 1} Michael Eugene Byrd was found guilty by a jury in the Montgomery County Court of Common Pleas of possession of crack cocaine in an amount greater than one gram but not exceeding five grams, possession of criminal tools, and tampering with evidence. He was sentenced to one one-year term of imprisonment and two three-year terms, to be served concurrently. Byrd filed a notice of appeal, and counsel was appointed to handle his appeal. On September 25, 2002, appointed appellate counsel filed a brief pursuant to Anders v. California (1967),{¶ 2} Pursuant to our responsibilities under Anders, we have thoroughly reviewed the record in this case and agree with the assessment of appointed counsel that there are no arguably meritorious issues for appellate review with respect to the jury's verdict. We do note one error, however, in the sentencing proceedings. At the sentencing hearing, the trial court sentenced Byrd to one year of imprisonment for possession of criminal tools, which is one of the basic prison terms for a fifth degree felony prescribed at R.C.
FAIN, P.J. and YOUNG, J., concur.
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