Ohio Court of Appeals, 2019

State v. Elliott

State v. Elliott
Ohio Court of Appeals · Decided November 4, 2019 · Per Curiam
2019 Ohio 4512

State v. Elliott

Opinion

[Cite as State v. Elliott, 2019-Ohio-4512.]

IN THE COURT OF APPEALS TWELFTH APPELLATE DISTRICT OF OHIO FAYETTE COUNTY

STATE OF OHIO, : Appellee, : CASE NO. CA2019-05-011 : DECISION - vs - 11/4/2019 : LASHANA ELLIOTT, : Appellant. :

CRIMINAL APPEAL FROM FAYETTE COUNTY COURT OF COMMON PLEAS Case No. CRI 20190115

Jess C. Weade, Fayette County Prosecuting Attorney, Fayette County Courthouse, East Court Street, 1st Floor, Washington Court House, Ohio 43160, for appellee Steven H. Eckstein, 1208 Bramble Avenue, Washington Court House, Ohio 43160, for appellant

Per Curiam.

{¶1} This cause came on to be considered upon a notice of appeal filed by appellant, Lashana Elliott, the transcript of the docket and journal entries, the transcript of proceedings and original papers from the Fayette County Court of Common Pleas, and upon the brief filed by appellant's counsel.

{¶2} Appellant's counsel has filed a brief with this court pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396 (1967), which (1) indicates that a careful review of the record from the proceedings below fails to disclose any errors by the trial court prejudicial to the rights of appellant upon which an assignment of error may be Fayette CA2019-05-011 predicated; (2) lists two potential errors "that might arguably support the appeal," Anders, at 744, 87 S.Ct. at 1400; (3) requests that this court review the record independently to determine whether the proceedings are free from prejudicial error and without infringement of appellant's constitutional rights; (4) requests permission to withdraw as counsel for appellant on the basis that the appeal is wholly frivolous; and (5) certifies that a copy of both the brief and motion to withdraw have been served upon appellant.

{¶3} Having allowed appellant sufficient time to respond, and no response having been received, we have accordingly examined the record and find no error prejudicial to appellant's rights in the proceedings in the trial court. The motion of counsel for appellant requesting to withdraw as counsel is granted, and this appeal is dismissed for the reason that it is wholly frivolous.

HENDRICKSON, P.J., S. POWELL and RINGLAND, JJ., concur.

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