State v. Searcy

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[Cite as State v. Searcy, 2010-Ohio-6044.] IN THE COURT OF APPEALS OF OHIO SIXTH APPELLATE DISTRICT LUCAS COUNTY State of Ohio Court of Appeals No. L-09-1255 Appellee Trial Court Nos. CR0200802710 MS200801347 Rodney Oneal Searcy DECISION AND JUDGMENT v. Appellant Decided: December 10, 2010 ***** Julia R. Bates, Lucas County Prosecuting Attorney, and David F. Cooper, Assistant Prosecuting Attorney, for appellee. Patricia Horner, for appellant. ***** COSME, J. {¶ 1} It has come to the attention of this court that appointed counsel in this case has filed an Anders brief but has not addressed the judgment issued on August 19, 2009, or the issue on appeal, i.e., the August 19, 2009 denial of appellant's motion for resentencing pursuant to State v. Bezak, 114 Ohio St.3d 94. Therefore, we hereby grant appellate counsel's motion to withdraw and will appoint new counsel for the purpose of addressing the judgment on which this appeal is based. {¶ 2} Jack Brady, 4052 Holland-Sylvania Road, Toledo, Ohio, 43623, is hereby appointed as counsel to represent appellant in his appeal from the August 19, 2009 denial of his motion for resentencing. Since the record in this case has already been filed, new counsel has 20 days from the date of this order to file a brief. MOTION GRANTED. Peter M. Handwork, J. _______________________________ JUDGE Mark L. Pietrykowski, J. Keila D. Cosme, J. CONCUR. _______________________________ JUDGE _______________________________ JUDGE This decision is subject to further editing by the Supreme Court of Ohio's Reporter of Decisions. Parties interested in viewing the final reported version are advised to visit the Ohio Supreme Court's web site at: http://www.sconet.state.oh.us/rod/newpdf/?source=6. 2.

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