Ohio Court of Appeals, 2025

State v. Brown

State v. Brown
Ohio Court of Appeals · Decided July 14, 2025
2025 Ohio 2481

State v. Brown

Opinion

[Cite as State v. Brown, 2025-Ohio-2481.]

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

: STATE OF OHIO, : CASE NOS. CA2024-10-016 Appellee, CA2024-10-017 : DECISION AND - vs - : JUDGMENT ENTRY 7/14/2025 : KAYLA RAE BROWN, : Appellant.

CRIMINAL APPEAL FROM PREBLE COUNTY COURT OF COMMON PLEAS Case Nos. 23 CR 14053; 23CR14153

Eric Marit, Preble County Prosecuting Attorney, and Kathryn M. West, Assistant Prosecuting Attorney, for appellee.

Samuel D. Borst, for appellant.

____________ DECISION

Per Curiam.

{¶1} This cause came on to be considered upon a notice of appeal filed by appellant, Kayla Rae Brown, the transcript of the docket and journal entries, the transcript of proceedings and original papers from the Preble County Court of Common Pleas, and Preble CA2024-10-016 CA2024-10-017 upon the briefs.

{¶2} Appellant's counsel has filed a brief with this court pursuant to Anders v. California, 386 U.S. 738 (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 predicated; (2) lists one potential error "that might arguably support the appeal," Anders at 744; (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., BYRNE and SIEBERT, JJ., concur.

JUDGMENT ENTRY The brief of appellant, filed pursuant to Anders v. California, 386 U.S. 738 (1967), properly before this court and having been considered by the court, it is ordered that the motion of counsel for appellant requesting to withdraw as counsel is granted, and this appeal is hereby dismissed for the reason that it is wholly frivolous.

It is further ordered that a mandate be sent to the Preble County Court of Common Pleas for execution upon this judgment and that a certified copy of this Decision and Judgment Entry shall constitute the mandate pursuant to App.R. 27.

Preble CA2024-10-016 CA2024-10-017

Costs to be taxed to appellant.

/s/ Robert A. Hendrickson, Presiding Judge

/s/ Matthew R. Byrne, Judge

/s/ Melena S. Siebert, Judge

Case-law data current through December 31, 2025. Source: CourtListener bulk data.