State v. Pence, Unpublished Decision (12-19-2003)
State v. Pence, Unpublished Decision (12-19-2003)
Opinion of the Court
{¶ 2} In February of 2003, appellant pled no contest to two counts of aggravated vehicular homicide. The trial court subsequently sentenced appellant to two consecutive eight-year prison terms. Appellant filed a timely notice of appeal and appointed counsel later filed a motion to withdraw as counsel, notifying this court that he could discern no meritorious issues for appeal. Appointed counsel also filed an Anders brief.
{¶ 3} In Anders, the United States Supreme Court held that if counsel determines after a conscientious examination of the record that the case is wholly frivolous, he should so advise the court and request permission to withdraw. Id. at 744. Counsel must accompany the request with a brief identifying anything in the record that could arguably support the appeal. Id. Counsel also must furnish the client with a copy of the brief and request to withdraw and allow the client sufficient time to raise any matters that the client chooses. Id. Once these requirements have been satisfied, the appellate court must then fully examine the proceedings below to determine if meritorious issues exist. If the appellate court determines that the appeal is frivolous, it may grant counsel's request to withdraw and dismiss the appeal without violating constitutional requirements or may proceed to a decision on the merits if state law so requires. Id.
{¶ 4} Here, appellant's appointed counsel satisfied the requirements set forth in Anders, and appellant has not filed a pro se brief. Accordingly, this court will examine appointed counsel's potential assignments of error and the entire record below to determine if this appeal lacks merit. Appointed counsel raises the following potential assignments of error: "FIRST ASSIGNMENT OF ERROR: The trial court erred when it imposed consecutive sentences on Mr. Pence. SECOND ASSIGNMENT OFERROR: The trial court erred in accepting Mr. Pence's guilty plea because it was not made voluntarily."
{¶ 7} Accordingly, having reviewed appointed counsel's potential assignments of error and having independently discovered no meritorious issues for appeal, we grant counsel's motion to withdraw, find this appeal wholly frivolous, and affirm the trial court's judgment.
Judgment affirmed.
Evans, P.J. Kline, J., concur in Judgment and Opinion.
Reference
- Full Case Name
- State of Ohio v. Todd A. Pence
- Cited By
- 1 case
- Status
- Unpublished