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IN THE COURT OF APPEALS
TWELFTH APPELLATE DISTRICT OF OHIO
BUTLER COUNTY
STATE OF OHIO, :
Appellee, : CASE NOS. CA2024-12-139
CA2024-12-140
:
- vs - DECISION AND
: JUDGMENT ENTRY
6/9/2025
MATTHEW BENJAMIN MILLER, :
Appellant. :
CRIMINAL APPEAL FROM BUTLER COUNTY COURT OF COMMON PLEAS
Case Nos. CR2023-05-0678 and CR2024-03-0396
Michael T. Gmoser, Butler County Prosecuting Attorney, and John C. Heinkel, Assistant
Prosecuting Attorney, for appellee.
Law Office of John H. Forg, and John H. Forg III, for appellant.
____________
DECISION
Per Curiam.
{¶1} This cause came on to be considered upon a notice of appeal filed by
appellant, Matthew Benjamin Miller, 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.
Butler CA2024-12-139
CA2024-12-140
{¶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 prejudicial to the
rights of appellant upon which an assignment of error may be predicated; (2) lists six
potential errors "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.
HENDRICKSON, P.J., PIPER and M. POWELL, JJ., concur.
JUDGMENT ENTRY
The brief of appellant, filed pursuant to Anders v. California,
(1967),
properly before this court and having been considered by the court, it is ordered that the
motion of counsel for appellant requesting to withdraw as counsel is granted, and this
appeal is hereby dismissed for the reason that it is wholly frivolous.
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Butler CA2024-12-139
CA2024-12-140
It is further ordered that a mandate be sent to the Butler County Court of Common
Pleas for execution upon this judgment and that a certified copy of this Decision and
Judgment Entry shall constitute the mandate pursuant to App.R. 27.
Costs to be taxed to appellant.
/s/ Robert A. Hendrickson, Presiding Judge
/s/ Robin N. Piper, Judge
/s/ Mike Powell, Judge
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