State v. Hunley
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[Cite as State v. Hunley, 2004-Ohio-4410.] IN THE COURT OF APPEALS TWELFTH APPELLATE DISTRICT OF OHIO CLERMONT COUNTY STATE OF OHIO, : Plaintiff-Appellee, : CASE NO. CA2003-12-101 : D E C I S I O N 8/23/2004 - vs : CHRISTOPHER R. HUNLEY, : Defendant-Appellant. : CRIMINAL APPEAL FROM CLERMONT COUNTY COURT OF COMMON PLEAS Case No. 01-CR-00435 Donald W. White, Clermont County Prosecuting Attorney, David Henry Hoffmann, 123 North Third Street, Batavia, Ohio 451033033, for plaintiff-appellee Denise S. Barone, 385 North Street, Batavia, Ohio 45103-3005, for defendant-appellant Per Curiam. {¶1} This cause came on to be considered upon a notice of appeal, the transcript of the docket and journal entries, the transcript of proceedings and original papers from the Clermont County Court of Common Pleas, and upon the briefs, oral argument having been waived. {¶2} has filed Counsel for defendant-appellant, Christopher R. Hunley, a brief with this court pursuant to Anders v. California (1967), 386 indicates careful that a U.S. 738, review 87 S.Ct. 1396, which (1) the record from the of 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 three potential errors "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} and no Having allowed appellant sufficient time to respond, 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 dismissed for the reason that it is wholly frivolous. YOUNG, P.J., POWELL and WALSH, JJ., concur.
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