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COURT OF APPEALS
MUSKINGUM COUNTY, OHIO
FIFTH APPELLATE DISTRICT
STATE OF OHIO JUDGES:
Hon. W. Scott Gwin, P.J.
Plaintiff-Appellee Hon. William B. Hoffman, J.
Hon. Craig R. Baldwin, J.
-vsCase No. CT2023-0034
BRUTIS J. BITLER
Defendant-Appellant OPINION
CHARACTER OF PROCEEDINGS: Appeal from the Muskingum County Court
of Common Pleas, Case No. CR2022-
0696
JUDGMENT: Affirmed
DATE OF JUDGMENT ENTRY: November 30, 2023
APPEARANCES:
For Plaintiff-Appellee For Defendant-Appellant
RON WELCH, ESQ. CHRIS BRIGDON
Prosecuting Attorney 8138 Somerset Road
Muskingum County, Ohio Thornville, Ohio 43076
27 North Fifth Street
P.O. Box 189
Zanesville, Ohio 43702
Muskingum County, Case No. CT2023-034 2
Hoffman, J.
{¶1} Defendant-appellant Brutis J. Bitler appeals the judgment entered by the
Muskingum County Common Pleas Court convicting him following his pleas of guilty to
aggravated possession of drugs (R.C. 2925.11(A)) and illegal use or possession of drug
paraphernalia (R.C. 2925.14(C)(1)), and sentencing him to an aggregate term of
incarceration of four to six years. Plaintiff-appellee is the state of Ohio.
STATEMENT OF THE FACTS AND CASE
{¶2} On September 17, 2022, police officers found a car in the parking lot of the
Econo Lodge in Zanesville, Ohio, which was registered to Michelle Barr. Officers had a
warrant for Barr’s arrest. After speaking to staff at the motel, officers learned Barr had
rented Room 106.
{¶3} Officers knocked on the door of Room 106. Barr answered the door.
Officers informed her she was under arrest, and she went back inside the room. Officers
followed Barr inside the room to arrest her.
{¶4} Appellant was also in the motel room. Officers saw in plain view burnt foil,
smoking pipes, plastic baggies, a digital scale, and a cigarette pack with a baggie hanging
out of it containing a crystal substance. The substance was tested and found to be
methamphetamine with a weight of over 15 grams.
{¶5} Police interviewed Appellant. Appellant stated he was with Barr, and they
had purchased a couple of ounces of methamphetamine the night before, in order to have
enough before traveling to Florida.
{¶6} Appellant was indicted by the Muskingum County Grand Jury with
aggravated trafficking in drugs, aggravated possession of drugs, and illegal use or
possession of drug paraphernalia. Appellant entered a plea of guilty to aggravated
Muskingum County, Case No. CT2023-034 3
possession of drugs and illegal use or possession of drug paraphernalia. The State
dismissed the charge of aggravated trafficking in drugs. The trial court sentenced
Appellant to a term of incarceration of four to six years for aggravated possession of drugs
and 30 days incarceration for illegal use or possession of drug paraphernalia, to be served
concurrently, for an aggregate term of incarceration of four to six years. It is from the
April 19, 2023 judgment of the trial court Appellant prosecutes his appeal.
{¶7} 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 carefully examined the facts and
matters contained in the record on appeal and has researched the law in connection
therewith and has concluded that the appeal does not present a nonfrivolous legal
question.”
{¶8} 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
Muskingum County, Case No. CT2023-034 4
without violating constitutional requirements, or may proceed to a decision on the merits
if state law so requires. Id.
{¶9} Appellant has not filed a pro se brief, and the State has not filed a response
to counsel’s Anders brief. We have reviewed the record, including the transcripts of the
change of plea hearing held March 1, 2023, and the sentencing hearing held April 17,
2023, and we find no arguably meritorious issues exist. Accordingly, we grant counsel’s
motion to withdraw and affirm the judgment of the Muskingum County Common Pleas
Court.
By: Hoffman, J.
Gwin, P.J. and
Baldwin, J. concur
