State v. Simpson
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[Cite as State v. Simpson, 2010-Ohio-210.] IN THE COURT OF APPEALS TWELFTH APPELLATE DISTRICT OF OHIO BUTLER COUNTY STATE OF OHIO, Plaintiff-Appellee, : : : CASE NOS. CA2009-05-123 CA2009-05-124 CA2009-05-125 - vs : JASON SIMPSON, Defendant-Appellant. DECISION 1/25/2010 : : CRIMINAL APPEAL FROM HAMILTON MUNICIPAL COURT Case No. 2008-CRB-06401 Mary K. Dudley, Hamilton City Prosecutor, 345 High Street, Hamilton, OH 45011, for plaintiff-appellee Patrick E. McKnight, P.O. Box 621, Monroe, OH 45050-0621, 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 Hamilton Municipal Court, and upon the brief filed by appellant's counsel, oral argument having been waived. {¶2} Counsel for defendant-appellant, Jason Simpson, has 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 Butler CA2009-05-123 CA2009-05-124 CA2009-05-125 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} 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 appellant requesting to withdraw as counsel is granted, and this appeal is dismissed for the reason that it is wholly frivolous. YOUNG, P.J., BRESSLER and POWELL, JJ., concur. -2-
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