State v. Elam

2024 Ohio 2855

• Court: Ohio Court of Appeals
• Decided: July 29, 2024
• Docket: CA2024-02-015
• Status: Published

Opinion

[Cite as State v. Elam, 2024-Ohio-2855.]

IN THE COURT OF APPEALS

TWELFTH APPELLATE DISTRICT OF OHIO

CLERMONT COUNTY

STATE OF OHIO, :

Appellee, : CASE NO. CA2024-02-015

: DECISION - vs - 7/29/2024 :

RUSTY ERNEST ELAM, :

Appellant. :

APPEAL FROM CLERMONT COUNTY COURT OF COMMON PLEAS Case No. 2023 CR 000456

Mark J. Tekulve, Clermont County Prosecuting Attorney, and Nicholas Horton, Assistant Prosecuting Attorney, for appellee.

W. Stephen Haynes, Clermont County Public Defender, and Robert F. Benintendi, Assistant Public Defender, for appellant.

Per Curiam.

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

appellant, Rusty Ernest Elam, the transcript of the docket and journal entries, the transcript

of proceedings and original papers from the Clermont 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 (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 two potential

errors "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.

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