State v. Smith
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[Cite as State v. Smith, 2004-Ohio-1862.] IN THE COURT OF APPEALS TWELFTH APPELLATE DISTRICT OF OHIO MADISON COUNTY STATE OF OHIO, Plaintiff-Appellee, : : CASE NO. CA2003-01-002 : D E C I S I O N 4/12/2004 -vs: MICHAEL S. SMITH, Defendant-Appellant. : : CRIMINAL APPEAL FROM MADISON COUNTY COURT OF COMMON PLEAS Case No. 2002CR-08-103 Stephen J. Pronai, Madison County Prosecuting Attorney, Eamon P. Costello, 23 W. High Street, London, OH 43140, for plaintiffappellee Pitstick Law Offices, Shannon M. Treynor, 51 N. Oak Street, P.O. Box 189, London, OH 43140, for defendant-appellant Michael S. Smith, c/o Franklin County Jail 3NLI, 370 S. Front Street, Columbus, OH 43215, pro se 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 Madison County Court of Common Pleas, and upon the brief filed by appellant's Madison CA2003-01-002 counsel and appellant's pro se brief, oral argument having been waived. {¶2} Counsel for defendant-appellant, Michael S. Smith, 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} Appellant has filed a pro se brief and a supplemental filing raising assignments of error pertaining to ineffective assistance of trial counsel and illegal and improper sentencing. We have accordingly examined the record, the potential assignment of error presented in counsel's brief, and the assignments of error in appellant's pro se brief 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. - 2 - Madison CA2003-01-002 YOUNG, P.J., POWELL and WALSH, JJ., concur. - 3 - [Cite as State v. Smith, 2004-Ohio-1862.]
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