State v. Gibson

2018 Ohio 4482

Opinion

[Cite as State v. Gibson, 2018-Ohio-4482.]

IN THE COURT OF APPEALS

TWELFTH APPELLATE DISTRICT OF OHIO

WARREN COUNTY

STATE OF OHIO, :

Plaintiff-Appellee, : CASE NO. CA2018-01-008

: DECISION - vs - 11/5/2018 :

MASAI GIBSON, :

Defendant-Appellant. :

CRIMINAL APPEAL FROM WARREN COUNTY COURT OF COMMON PLEAS Case No. 17 CR 033326

David P. Fornshell, Warren County Prosecuting Attorney, Kirsten A. Brandt, 520 Justice Drive, Lebanon, Ohio 45036, for plaintiff-appellee

Craig A. Newburger, 477 Forest Edge Drive, South Lebanon, Ohio 45065, for defendant- appellant

Per Curiam.

{¶ 1} This cause came on to be considered upon a notice of appeal, the transcript of

the docket and journal entries, the transcript of proceedings and original papers from the

Warren County Court of Common Pleas, and upon a brief and amended brief filed by

appellant's counsel.

{¶ 2} Counsel for appellant, Masai Gibson, has filed a brief and amended brief with Warren CA2018-01-008

this court pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396 (1967), which (1)

indicate 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) list four potential errors "that might arguably support the appeal,"

Anders at 744, 87 S.Ct. at 1400; (3) request 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) request permission to withdraw as counsel for appellant

on the basis that the appeal is wholly frivolous; and (5) certify 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., PIPER and M. POWELL, JJ., concur.

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