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2019 Ohio 2864

State v. Goins

Ohio Court of Appeals

Decided July 15, 2019

Ohio Court of Appeals · decided 2019-07-15

Relies on Anders v. California

Decided 2019-07-15

[Cite as State v. Goins, 
2019-Ohio-2864
.]

                                      IN THE COURT OF APPEALS

                            TWELFTH APPELLATE DISTRICT OF OHIO

                                            BUTLER COUNTY




 STATE OF OHIO,                                 :

        Appellee,                               :       CASE NO. CA2019-01-009

                                                :             DECISION
     - vs -                                                    7/15/2019
                                                :

 CHRISTOPHER DUANE GOINS,                       :

        Appellant.                              :




    CRIMINAL APPEAL FROM BUTLER COUNTY COURT OF COMMON PLEAS
                       Case No. CR2018-03-0538


Michael T. Gmoser, Butler County Prosecuting Attorney, Willa Concannon,
Government Services Center, 315 High Street, 11th Floor, Hamilton, OH 45011-6057,
for appellee

Christopher Paul Frederick, 300 High Street, Hamilton, Ohio 45011, for appellant



        Per Curiam.

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

appellant, Christopher Duane Goins, 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
, 
87 S.Ct. 1396
 (1967), which (1) indicates that a careful review
                                                                Butler CA2019-01-009

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 one potential error "that might arguably support the appeal,"

Anders, at 744, 
87 S.Ct. at 1400
; (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.


       RINGLAND, P.J., S. POWELL and M. POWELL, JJ., concur.




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