State v. Holmes

2024 Ohio 2526

• Court: Ohio Court of Appeals
• Decided: July 1, 2024
• Docket: CA2024-03-036
• Status: Published

Opinion

[Cite as State v. Holmes, 2024-Ohio-2526.]

IN THE COURT OF APPEALS

TWELFTH APPELLATE DISTRICT OF OHIO

BUTLER COUNTY

STATE OF OHIO, :

Appellee, : CASE NO. CA2024-03-036

: DECISION - vs - 7/1/2024 :

GARREONTAI ALLEN HOLMES, :

Appellant. :

CRIMINAL APPEAL FROM BUTLER COUNTY COURT OF COMMON PLEAS Case No. CR2023-02-0187

Michael T. Gmoser, Butler County Prosecuting Attorney, and Michael Greer, Assistant Prosecuting Attorney, for appellee.

Engel and Martin, and Mary K. Martin, for appellant.

Per Curiam.

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

appellant, Garreontai Allen Holmes, 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 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 Butler CA2024-03-036

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.

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

-2- [Cite as State v. Holmes, 2024-Ohio-2526.]