State v. Peterson

2016 Ohio 920

Opinion

[Cite as State v. Peterson, 2016-Ohio-920.]

Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA

JOURNAL ENTRY AND OPINION No. 102532

STATE OF OHIO PLAINTIFF-APPELLEE

vs.

KEBLELIN PETERSON DEFENDANT-APPELLANT

JUDGMENT: DISMISSED

Criminal Appeal from the Cuyahoga County Court of Common Pleas Case No. CR-13-574157-A

BEFORE: E.A. Gallagher, P.J., Celebrezze, J., and S. Gallagher, J.

RELEASED AND JOURNALIZED: March 10, 2016 ATTORNEY FOR APPELLANT

Robert A. Dixon 4403 St. Clair Avenue Cleveland, Ohio 44103

ALSO LISTED

Keblelin Peterson Inmate No. A663540 Mansfield Correctional Institution P.O. Box 788 Mansfield, Ohio 44901

ATTORNEY FOR APPELLEE

Timothy J. McGinty Cuyahoga County Prosecutor Justice Center, 9th Floor 1200 Ontario Street Cleveland, Ohio 44113 EILEEN A. GALLAGHER, P.J.:

{¶1} Defendant-appellant Keblelin Peterson appeals the sentence following his

guilty plea to one count of involuntary manslaughter in the Cuyahoga County Court of

Common Pleas.

{¶2} Peterson’s appointed counsel on appeal filed a brief with this court pursuant

to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). An

Anders brief “sets forth a procedure for ensuring that an indigent defendant’s right to

counsel on appeal is honored when his attorney asserts that the appeal is without merit”

and asks to withdraw from the case. State v. Taylor, 8th Dist. Cuyahoga No. 101368,

2015-Ohio-420, ¶ 6.

{¶3} On June 22, 2015, we issued an order finding that the record on appeal was

incomplete at the time that the Anders brief was filed due to Peterson’s original appellate

counsel limiting his review to sentencing issues and neglecting to examine potential

errors from Peterson’s plea hearing. Therefore, we ordered the record to be

supplemented with the plea transcript, granted Peterson’s original appellate counsel’s

motion to withdraw and appointed new counsel to represent him pursuant to Loc.App.R.

46.

{¶4} On September 28, 2015, Peterson’s second appellate counsel filed a second

Anders brief after reviewing the entire record. In his Anders brief, Peterson’s counsel

identified the relevant law and facts and demonstrated why these potential assignments

are frivolous. {¶5} We granted Peterson’s counsel’s motion to withdraw and provided Peterson

an opportunity to file a pro se brief with assignments of error by December 31, 2015.

Appellant has not filed a pro se brief, to date.

{¶6} After a thorough, independent review of the record, we find no arguable merit

in any of the potential assignments of error proffered by Peterson’s appellate counsel and

conclude that the appeal is wholly frivolous under Anders.

{¶7} We therefore dismiss the appeal.

It is ordered that appellee recover of apppellant costs herein taxed.

A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of

the Rules of Appellate Procedure.

______________________________________________ EILEEN A. GALLAGHER, PRESIDING JUDGE

SEAN C. GALLAGHER, J., and FRANK D. CELEBREZZE, JR., J., CONCUR