State v. Henderson, Unpublished Decision (6-29-2005)
State v. Henderson, Unpublished Decision (6-29-2005)
Opinion of the Court
Isaiah Henderson appeals his conviction for two counts of burglary. We affirm the judgment of the trial court.
In the case numbered B-0309020, Henderson was indicted on one count of burglary in violation of R.C.
Henderson waived his right to a jury, and the cases were consolidated for purposes of trial. At the close of the state's case, the trial court granted Crim.R. 29 motions with respect to the intimidation count and the burglary count in violation of R.C.
Pursuant to Anders v. California,1 Henderson's appointed counsel has advised this court that, after a thorough review of the record, she can find nothing that would arguably support Henderson's appeal, and she has moved this court for permission to withdraw as counsel. Under Anders, this court is now charged with the task of independently reviewing the record for any prejudicial errors that would warrant the reversal of the trial court's judgment. Henderson has submitted pro se a supplemental brief in which he claims that his counsel did not investigate or conduct discovery and that he was denied the effective assistance of counsel. Our review of the record leads us to conclude that the performance of Henderson's counsel was not deficient.2 Further, we concur in counsel's conclusion that the proceedings below were free of error prejudicial to Henderson. We, therefore, overrule counsel's motion to withdraw from her representation of Henderson and affirm the judgment of the trial court.
Our determination that the proceedings below were free of prejudicial error also compels our conclusion that there were no reasonable grounds for this appeal. But, due to Henderson's indigency, we allow no penalty.
Further, a certified copy of this Judgment Entry shall constitute the mandate, which shall be sent to the trial court under App.R. 27. Costs shall be taxed under App.R. 24.
GORMAN, P.J., SUNDERMANN and HENDON, JJ.
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