State v. Angulo, Unpublished Decision (2-6-2007)
State v. Angulo, Unpublished Decision (2-6-2007)
Opinion of the Court
{¶ 2} Appellant's counsel further stated that on December 20, 2006, Appellant had been notified of the right to file a pro se merit brief. No pro se merit brief has been filed by Appellant.
{¶ 4} On May 30, 2006, Appellant, being represented by counsel, pled guilty to one count of Aggravated Trafficking in Drugs (methamphetamine) with a forfeiture specification1, in violation of R.C.
{¶ 5} On July 31, 2006, in Case Number CR2005-0243, Appellant being represented by counsel, pled guilty to violating the terms and conditions of her intervention in lieu of conviction plan by virtue of being convicted of aggravated trafficking. As a result, Appellant's intervention plan was revoked, the prior stay of proceedings was lifted and the judgment of conviction for one count of Possession of Drugs (methamphetamine), in violation of R.C.
{¶ 6} Subsequently, on July 31, 2006, Appellant, being represented by counsel, was sentenced to serve a one (1) year term of incarceration for the possession of drugs conviction in Case Number CR2005-0243, and a ten (10) year term of imprisonment for the aggravated trafficking conviction in Case Number CR2005-0352. Appellant was further ordered to serve the terms consecutively for an aggregate eleven (11) year term of imprisonment. It is from these maximum, consecutive sentences that Appellant seeks to appeal.
{¶ 7} Appellant states in the Anders' brief that the trial court abused its discretion by imposing maximum consecutive sentences. We disagree.
{¶ 8} In State v. Foster,
{¶ 9} In this case, the trial court sentenced Appellant within the statutory sentencing ranges for possession of drugs and aggravated trafficking. Accordingly, Appellant's proposed Assignment of Error is hereby overruled.
{¶ 10} For these reasons, after independently reviewing the record, we agree with counsel's conclusion that no arguably meritorious claims exist upon which to base an appeal. Hence, we find the appeal to be wholly frivolous under Anders, grant counsel's request to withdraw, and affirm the judgment of the trial court.
{¶ 11} The judgment of the Muskingum County Court of Common Pleas, General Division, is affirmed.
Farmer, J. Hoffman, P.J. and Wise, J. concur.
{¶ 13} Attorney Frederick A. Sealover's motion to withdraw as counsel for Appellant, Rosa Morales Angulo is hereby granted.
IT IS SO ORDERED.
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