State v. Jameson, L-08-1117 (3-20-2009)
State v. Jameson, L-08-1117 (3-20-2009)
Opinion of the Court
{¶ 2} Appointed counsel Daniel H. Grna has submitted a request to withdraw pursuant to Anders v. California (1967),
{¶ 3} Anders, supra, and State v. Duncan (1978),
{¶ 4} In the case before us, appointed counsel for appellant has satisfied the requirements set forth in Anders, supra. *Page 3
{¶ 5} Accordingly, this court shall proceed with an examination of the potential assignment of errors proposed by counsel and the entire record below to determine if this appeal lacks merit and is, therefore, wholly frivolous.
{¶ 6} The facts relevant to the issues raised on appeal are as follows. On September 6, 2007, appellant was indicted on one count of aggravated murder in violation of R.C.
{¶ 7} As the first potential assignment of error, appointed counsel suggests that appellant was denied effective assistance of counsel when counsel failed to conduct meaningful voir dire, failed to object to the definition of reasonable doubt offered by the prosecution in voir dire and failed to file a motion to dismiss the aggravated murder charge. As to a claim of ineffective assistance of counsel, we note that appellant entered a guilty plea, which effectively waived all appealable errors which may have occurred at trial, unless such errors are shown to have precluded the defendant from voluntarily *Page 4
entering his plea pursuant to Crim. R. 11. This was explained to appellant before his plea was accepted. See State v. Fitzpatrick (2004),
{¶ 8} Upon examination of the transcript of voir dire and the first day of trial, we are unable to find that, during the brief proceedings prior to appellant's decision to plead guilty, any errors transpired which prevented him from voluntarily entering that plea. Further, when questioned by the trial court, appellant acknowledged that he was satisfied with counsel's advice and competence as an attorney.
{¶ 9} Accordingly, appellant's first proposed assignment of error is without merit.
{¶ 10} As his second proposed assignment of error, counsel suggests that appellant did not admit to each element of the crime of aggravated murder. First, we note that Crim. R. 11(B)(1) provides that a guilty plea "is a complete admission of the defendant's guilt." See, also, State v.Griggs,
{¶ 11} The record reflects that, in order to be sure that appellant understood the nature of the charge to which he was about to tender his plea, the trial court explained to appellant that the indictment charged that he "purposely caused the death of another with prior calculation and design * * *." The trial court asked appellant if he understood the nature of the charge to which he was tendering his plea of guilty and appellant answered that he did. Further, the trial court explained to appellant that the effect of his guilty plea was to admit that he committed the offense of aggravated murder by purposely causing the death of another with prior calculation and design. Appellant stated that he understood that was the effect of his plea. *Page 5
{¶ 12} Based on the foregoing, appellant's second proposed assignment of error is without merit.
{¶ 13} Upon our own independent review of the record, we find no other grounds for a meritorious appeal. Accordingly, this appeal is found to be without merit and is wholly frivolous. Appellant's counsel's motion to withdraw is found well-taken and is hereby granted. The decision of the Lucas County Court of Common Pleas is affirmed. Appellant is ordered to pay the costs of this appeal pursuant to App. R. 24. Judgment for the clerk's expense incurred in preparation of the record, fees allowed by law, and the fee for filing the appeal is awarded to Lucas County.
JUDGMENT AFFIRMED.
A certified copy of this entry shall constitute the mandate pursuant to App. R. 27. See, also, 6th Dist. Loc. App. R. 4.
Arlene Singer, J., William J. Skow, P.J., Thomas J. Osowik, J., CONCUR. *Page 1
Case-law data current through December 31, 2025. Source: CourtListener bulk data.