State v. Dukes

2023 Ohio 3294

• Court: Ohio Court of Appeals
• Decided: September 18, 2023
• Docket: CA2023-04-041
• Status: Published

Opinion

[Cite as State v. Dukes, 2023-Ohio-3294.]

IN THE COURT OF APPEALS

TWELFTH APPELLATE DISTRICT OF OHIO

BUTLER COUNTY

: STATE OF OHIO, : CASE NO. CA2023-04-041 Appellee, : DECISION 9/18/2023 - vs - :

: CHERYL TAYLOR DUKES, : Appellant.

CRIMINAL APPEAL FROM BUTLER COUNTY COURT OF COMMON PLEAS Case No. CR2022-04-0493

Michael T. Gmoser, Butler County Prosecuting Attorney, for appellee.

Christopher P. Frederick, for appellant.

Per Curiam.

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

appellant, Cheryl Taylor Dukes, the transcript of the docket and journal entries, the

transcript of proceedings and original papers from the Butler 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 Butler CA2023-04-041

prejudicial to the rights of appellant upon which an assignment of error may be 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.

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

NOTICE TO THE CLERK:

Serve a copy of this decision upon appellant at: Cheryl Taylor Dukes, #23050034, Butler County Jail, 705 Hanover St., Hamilton, OH 45011

-2- [Cite as State v. Dukes, 2023-Ohio-3294.]