State v. Gray

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[Cite as State v. Gray, 2003-Ohio-2396.] IN THE COURT OF APPEALS FOR MONTGOMERY COUNTY, OHIO STATE OF OHIO : Plaintiff-Appellee : C.A. CASE NO. 19400 v. : T.C. CASE NO. 01 CR 4119 MITCHELL GRAY : (Criminal Appeal from Common Pleas Court) Defendant-Appellant : : .......... OPINION Rendered on the 9th day of May , 2003. .......... CARLEY J. INGRAM, Atty. Reg. No. 0020084, Assistant Prosecuting Attorney, 301 W. Third Street, 5th Floor, Dayton, Ohio 45422 Attorney for Plaintiff-Appellee PAMELA L. PINCHOT, Atty. Reg. No. 0071648, 7501 Paragon Road, Lower Level, Dayton, Ohio 45459 Attorney for Defendant-Appellant MITCHELL GRAY, #427-503, Lebanon Correctional Institute, P. O. Box 56, Lebanon, Ohio 45036-0056 Defendant-Appellant .......... FREDERICK N. YOUNG, J. {¶1} 2 After extensive plea negotiations, Mitchell Gray entered an Alford plea of guilty to three counts of complicity to commit aggravated burglary, felonious assault, and aggravated robbery. The State dismissed three other charges for which he had been indicted. He was sentenced to serve a four-year prison term on each of the three charges. The aggravated burglary and felonious assault charges were to run concurrent with each other but consecutive to the four-year sentence on the charge of complicity to commit aggravated burglary. Gray filed a timely notice of appeal, and in due course, his appointed appellate counsel filed an Anders brief, alleging that after thoroughly examining the record and the law, she concluded that there were no meritorious issues for appeal. {¶2} On February 7, 2003, we informed Gray of the fact that his counsel had filed an Anders brief and granted him sixty days from that date to file his pro se brief, if any. {¶3} No such pro se brief has been filed. {¶4} We have thoroughly examined the record of the proceedings in this case, and we agree with the assessment of appellate counsel that there are no meritorious issues for appellate review. {¶5} The judgment appealed from is affirmed. .......... FAIN, P.J. and GRADY, J., concur. Copies mailed to: Carley J. Ingram Pamela L. Pinchot Mitchell Gray 3 Hon. Dennis J. Langer

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