State v. Pence
Annotate this Case
Download PDF
[Cite as State v. Pence, 2003-Ohio-6943.] IN THE COURT OF APPEALS OF OHIO FOURTH APPELLATE DISTRICT ROSS COUNTY STATE OF OHIO, : : : Case No. 03CA2719 : : : DECISION AND JUDGMENT ENTRY Plaintiff-Appellee, v. TODD A. PENCE, : : Released 12/19/03 Defendant-Appellant. : ________________________________________________________________ APPEARANCES: David H. Bodiker and Craig M. Jaquith, Columbus, Ohio, for Appellant. Scott W. Nusbaum, Ross County Prosecuting Attorney and Michael M. Ater, Assistant Prosecuting Attorney, Chillicothe, Ohio, for Appellee. ________________________________________________________________ Harsha, J. {¶1} Todd A. Pence appeals the trial court's judgment convicting him of two counts of aggravated vehicular homicide, following no contest pleas. court that he has His appointed counsel advised this reviewed the meritorious claims for appeal. record and can discern no Accordingly, under Anders v. California (1967), 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493, counsel has moved to withdraw. the record, meritorious we claims agree exist with upon After independently reviewing counsel's which to assessment predicate that an no appeal. Therefore, we grant counsel's request to withdraw, find this 2 Ross App. No. 03CA2719 appeal is wholly frivolous under Anders, and affirm the trial court's judgment. {¶2} counts In February of 2003, appellant pled no contest to two of aggravated vehicular homicide. The trial court subsequently sentenced appellant to two consecutive eight-year prison terms. Appellant filed a timely notice of appeal and appointed counsel later filed a motion to withdraw as counsel, notifying this court that he could discern no meritorious issues for appeal. {¶3} Appointed counsel also filed an Anders brief. In Anders, the United States Supreme Court held that if counsel determines after a conscientious examination of the record that the case is wholly frivolous, he should so advise the court Counsel and must request accompany permission the to request withdraw. with a Id. brief at 744. identifying anything in the record that could arguably support the appeal. Id. Counsel also must furnish the client with a copy of the brief and request to withdraw and allow the client sufficient time to raise any matters that the client chooses. Id. Once these requirements have been satisfied, the appellate court must then fully examine the meritorious issues exist. proceedings below to determine if If the appellate court determines that the appeal is frivolous, it may grant counsel's request to withdraw and dismiss the appeal without violating constitutional 3 Ross App. No. 03CA2719 requirements or may proceed to a decision on the merits if state law so requires. {¶4} Id. Here, appellant's appointed counsel satisfied the requirements set forth in Anders, and appellant has not filed a pro se brief. Accordingly, this court will examine appointed counsel's potential assignments of error and the entire record below to counsel "FIRST determine raises if the ASSIGNMENT this appeal following OF lacks potential ERROR: The Appointed assignments trial court imposed consecutive sentences on Mr. Pence. OF ERROR: merit. of erred error: when it SECOND ASSIGNMENT The trial court erred in accepting Mr. Pence's guilty plea because it was not made voluntarily." I {¶5} counsel In his first potential assignment of error, appointed argues that consecutive sentences. the trial court the consecutive observes that the court erred by imposing However, appellant's counsel notes that followed imposing trial the proper sentences. trial court statutory procedure See R.C. 2929.14. found two R.C. for Counsel 2929.14(E)(4) factors present that justified imposing consecutive sentences: (1) appellant was on parole when the criminal conduct occurred; and (2) the need to protect the Therefore, this argument lacks merit. II public from future crime. 4 Ross App. No. 03CA2719 {¶6} In appellant's his second counsel potential asserts that assignment the trial of court error, erred by accepting appellant's guilty plea when he did not voluntarily enter the plea. guilty plea completely However, appellant's counsel notes that the hearing complied transcript with reveals Crim.R. 11 that trial court specifically and the asked appellant whether any promises or threats had induced him to plead guilty. Appellant's counsel asserts that "[n]othing in the record suggests that [appellant's] plea was anything other than voluntary." Our review of the plea hearing transcript appointed counsel's reveals the same. {¶7} potential Accordingly, having assignments of reviewed error and having independently discovered no meritorious issues for appeal, we grant counsel's motion to withdraw, find this appeal wholly frivolous, and affirm the trial court's judgment. JUDGMENT AFFIRMED. Evans, P.J. & Kline, J.: Concur in Judgment and Opinion. For the Court BY: _______________________ William H. Harsha, Judge
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
