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IN THE COURT OF APPEALS
TWELFTH APPELLATE DISTRICT OF OHIO
BUTLER COUNTY
STATE OF OHIO, :
Appellee, : CASE NO. CA2018-04-069
: DECISION
- vs - 2/19/2019
:
BRYAN R. SAPP a.k.a. BRIAN SAPP
:
Appellant :
CRIMINAL APPEAL FROM BUTLER COUNTY COURT OF COMMON PLEAS
Case No. CR2017-08-1361
Michael T. Gmoser, Prosecuting Attorney, John C. Heinkel, Government Service Center,
315 High Street, 11th Floor, Hamilton, Ohio 45011, for appellee
Michelle Temmel, 6 South Second Street, Suite 305, Hamilton, Ohio, 45011, for
appellant
Per Curiam.
{¶ 1} This cause came on to be considered upon a notice of appeal filed by
appellant, Bryan R. Sapp a.k.a. Brian Sapp, 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 a brief filed by appellant's counsel.
{¶ 2} Appellant's counsel has filed a brief with this court pursuant to Anders v.
California,
(1967), which (1) indicates that a careful review
of the record from the proceedings below fails to disclose any errors by the trial court
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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,"
; (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., PIPER and M. POWELL, JJ., concur.
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