State v. Spaulding

2024 Ohio 5047

• Court: Ohio Court of Appeals
• Decided: October 21, 2024
• Docket: CA2024-04-056
• Status: Published

Opinion

[Cite as State v. Spaulding, 2024-Ohio-5047.]

IN THE COURT OF APPEALS

TWELFTH APPELLATE DISTRICT OF OHIO

BUTLER COUNTY

STATE OF OHIO, :

Appellee, : CASE NO. CA2024-04-056

: DECISION - vs - 10/21/2024 :

JASON CHRISTOPHER SPAULDING, :

Appellant. :

APPEAL FROM BUTLER COUNTY COURT OF COMMON PLEAS Case No. CR2023-03-0321

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

Michele Temmel, for appellant.

Per Curiam.

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

appellant, Jason Christopher Spaulding, 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 (1967), which (1) indicates that a careful review of the record from Butler CA2024-04-056

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 one potential

error "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.

-2- [Cite as State v. Spaulding, 2024-Ohio-5047.]