State v. Conger

2024 Ohio 128

• Court: Ohio Court of Appeals
• Decided: January 16, 2024
• Docket: CA2023-08-017
• Status: Published

Opinion

[Cite as State v. Conger, 2024-Ohio-128.]

IN THE COURT OF APPEALS

TWELFTH APPELLATE DISTRICT OF OHIO

CLINTON COUNTY

: STATE OF OHIO, : CASE NO. CA2023-08-017 Appellee, : DECISION 1/16/2024 - vs - :

: CHRISTOPHER L. CONGER, : Appellant.

CRIMINAL APPEAL FROM CLINTON COUNTY COURT OF COMMON PLEAS Case No. CRI 2023-5080

Andrew T. McCoy, Clinton County Prosecuting Attorney, and Katie Wilkin, Assistant Prosecuting Attorney, for appellee.

Craig A. Newburger, for appellant.

Per Curiam.

{¶1} This cause came on to be considered upon a notice of appeal filed by

appellant, Christopher L. Conger, the transcript of the docket and journal entries, the

transcript of proceedings and original papers from the Clinton 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 Clinton CA2023-08-017

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, 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.

S. POWELL, P.J., M. POWELL and BYRNE, JJ., concur.

NOTICE TO THE CLERK:

Serve a copy of this decision upon appellant at: #A817997, Christopher L. Conger, Mansfield Correctional Institution, P.O. Box 788, Mansfield, OH 44901

-2- [Cite as State v. Conger, 2024-Ohio-128.]