State v. Ruppert
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[Cite as State v. Ruppert, 2005-Ohio-3448.] IN THE COURT OF APPEALS TWELFTH APPELLATE DISTRICT OF OHIO WARREN COUNTY STATE OF OHIO, Plaintiff-Appellee, : : CASE NO. CA2004-06-079 : D E C I S I O N 7/5/2005 - vs : CHRISTY J. RUPPERT, Defendant-Appellant. : : CRIMINAL APPEAL FROM FRANKLIN MUNICIPAL COURT Case No. 03-07-CRB 4214 Rachel A. Hutzel, Warren County Prosecuting Attorney, 500 Justice Drive, Lebanon, Ohio 45036, for plaintiff-appellee Sams, Fischer & Schuesseler, Robert S. Fischer, 209 Reading Road, Mason, Ohio 45040, 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 Franklin Municipal Court, and upon a brief filed by appellant's counsel, oral argument having been waived. {¶2} Counsel for defendant-appellant, Christy J. Ruppert, has filed a brief with this court pursuant to Anders v. California Warren CA2004-06-079 (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. The motion of counsel for appel- lant requesting to withdraw as counsel is granted, and this appeal is dismissed for the reason that it is wholly frivolous. POWELL, P.J., WALSH and BRESSLER, JJ., concur. - 2 - [Cite as State v. Ruppert, 2005-Ohio-3448.]
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