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COURT OF APPEALS
PERRY COUNTY, OHIO
FIFTH APPELLATE DISTRICT
STATE OF OHIO JUDGES:
Hon. William B. Hoffman, P.J
Plaintiff-Appellee Hon. John W. Wise, J.
Hon. Craig R. Baldwin, J.
-vsCase No. 19-CA-13
DUSTIN B. BLAGG
Defendant-Appellant O P I N IO N
CHARACTER OF PROCEEDINGS: Appeal from the Perry County Court of
Common Pleas, Case No. 19-CR-3
JUDGMENT: Affirmed
DATE OF JUDGMENT ENTRY: March 11, 2020
APPEARANCES:
For Plaintiff-Appellee For Defendant-Appellant
JOSEPH A. FLAUTT JAMES S. SWEENEY
Perry County Prosecuting Attorney James S. Sweeney Law, LLC
111 North High Street 285 South Liberty Street
P.O. Box 569 Powell, Ohio 43065
New Lexington, Ohio 43764
Perry County, Case No. 19-CA-13 2
Hoffman, P.J.
{¶1} Defendant-appellant Dustin Blagg appeals his convictions and sentence
entered by the Perry County Court of Common Pleas, on one count of Breaking and
Entering, one count of Receiving Stolen Property, and one count of Theft, after he entered
pleas of guilty to the charges. Plaintiff-appellee is the state of Ohio.
STATEMENT OF THE CASE1
{¶2} On January 30, 2019, the Perry County Grand Jury indicted Appellant on
one count of Breaking and Entering, in violation of R.C. 2911.13(A), a felony of the fifth
degree; one count of Receiving Stolen Property, in violation of R.C. 2913.51(A), a felony
of the fifth degree; and one count of Theft, in violation of R.C. 2913.02(A)(1), a
misdemeanor of the first degree. Appellant was transported from the Muskingum County
Jail for arraignment on March 14, 2019, and entered pleas of not guilty to the charges.
The trial court subsequently found Appellant indigent and appointed counsel to represent
him.
{¶3} On July 2, 2019, Appellant appeared before the trial court, withdrew his
former pleas of not guilty, and entered pleas of guilty to the aforementioned charges. The
trial court sentenced Appellant to an aggregate term of 19 months. Thereafter, on August
16, 2019, the trial court resentenced Appellant to an aggregate term of 17 months to align
his sentence to the recommended sentence agreed upon by the parties. The trial court
ordered the sentence be served consecutively to the sentences Appellant was already
serving for felony convictions in Perry and Muskingum Counties.
{¶4} It is from these convictions and sentence Appellant appeals.
1A Statement of the Facts underlying Appellant’s convictions is not necessary for our disposition of this
appeal.
Perry County, Case No. 19-CA-13 3
{¶5} Appellate counsel for Appellant has filed a Motion to Withdraw and a brief
pursuant to Anders v. California,
,
indicating the within appeal is wholly frivolous. Counsel for Appellant has not raised any
potential assignments of error. Counsel states he “has made a thorough review of the
record and does not believe that any appealable issues exist.” Counsel adds, “As required
under Anders, Counsel is required to point out possible avenues for an appeal in a case
of this nature. Counsel does not see any potential avenues for an appeal.”
{¶6} In Anders, the United States Supreme Court held if, after a conscientious
examination of the record, a defendant's counsel concludes the case is wholly frivolous,
then he or she should so advise the court and request permission to withdraw. Id. at 744.
Counsel must accompany the request with a brief identifying anything in the record which
could arguably support the appeal. Id. Counsel also must: (1) furnish the client with a
copy of the brief and request to withdraw; and, (2) allow the client sufficient time to raise
any matters the client chooses. Id. Once the defendant's counsel satisfies these
requirements, the appellate court must fully examine the proceedings below to determine
if any arguably meritorious issues exist. If the appellate court also determines the appeal
is wholly frivolous, it may grant counsel's request to withdraw and dismiss the appeal
without violating constitutional requirements, or may proceed to a decision on the merits
if state law so requires. Id.
{¶7} Via Judgment Entry filed December 18, 2019, this Court acknowledged
Counsel had filed an Anders brief and had served the same upon Appellant. The judgment
entry advised Appellant he “may file a pro se brief in support of the appeal on or before
Perry County, Case No. 19-CA-13 4
January 30, 2020.” A copy of the judgment entry was served on Appellant via Certified
U.S. Mail at Belmont Correctional Institution. Appellant has not filed a pro se brief.
{¶8} We find Appellant's counsel has adequately followed the procedures
required by Anders.
{¶9} After independently reviewing the record, we agree with Counsel's
conclusion no arguably meritorious claims exist upon which to base an appeal. Hence,
we find the appeal to be wholly frivolous under Anders, grant counsel's request to
withdraw, and affirm the judgment of the Perry County Court of Common Pleas.
By: Hoffman, P.J.
Wise, John, J. and
Baldwin, J. concur
