State v. Bell

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[Cite as State v. Bell, 2003-Ohio-3875.] IN THE COURT OF APPEALS TWELFTH APPELLATE DISTRICT OF OHIO WARREN COUNTY STATE OF OHIO, Plaintiff-Appellee, : : CASE NO. CA2002-12-131 : D E C I S I O N 7/21/2003 -vs: TERRY BELL, Defendant-Appellant. : : CRIMINAL APPEAL FROM WARREN COUNTY COURT OF COMMON PLEAS Case No. 02CR20253 Rachel Hutzel, Warren County Prosecuting Attorney, Carolyn Duvelius, 500 Justice Drive, Lebanon, OH 45036, for plaintiffappellee Kevin D. Hughes, 10 Fairway Drive, Springboro, OH 45066, for defendant-appellant Per Curiam {¶1} This cause came on to be considered upon a notice of ap- peal, the transcript of the docket and journal entries, the transcript of proceedings and original papers from the Warren County Court of Common Pleas, and upon the brief filed by appellant's counsel, oral argument having been waived. Warren CA2002-12-131 {¶2} Counsel for defendant-appellant, Terry Bell, filed a brief with this court pursuant to Anders v. California (1967), 386 U.S. 738, 87 S.Ct. 1396, 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 one potential error "that might arguably support the appeal," Anders, at 744, 87 S.Ct. at 1400; (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. Therefore, 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. VALEN, P.J., YOUNG and POWELL, JJ., concur. - 2 - Warren CA2002-12-131 - 3 - [Cite as State v. Bell, 2003-Ohio-3875.]

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