[Cite as State v. Black, 2014-Ohio-3327.]
Court of Appeals of Ohio
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
JOURNAL ENTRY AND OPINION
No. 100815
STATE OF OHIO
PLAINTIFF-APPELLEE
vs.
CHARDON J. BLACK, I
DEFENDANT-APPELLANT
JUDGMENT:
AFFIRMED
Criminal Appeal from the
Cuyahoga County Court of Common Pleas
Case No. CR-12-569244-A
BEFORE: Blackmon, J., E.A. Gallagher, P.J., and McCormack, J.
RELEASED AND JOURNALIZED: July 31, 2014
-i-
ATTORNEY FOR APPELLANT
Jonathan N. Garver
4403 St. Clair Avenue
The Brownhoist Building
Cleveland, Ohio 44103
Also listed:
Chardon J. Black
Inmate No. 654-329
Lorain Correctional Institution
2075 Avon Belden Road
Grafton, Ohio 44044
ATTORNEY FOR APPELLEE
Timothy J. McGinty
Cuyahoga County Prosecutor
9th Floor Justice Center
1200 Ontario Street
Cleveland, Ohio 44113
PATRICIA ANN BLACKMON, J.:
{¶1} Appellant Chardon J. Black, I, (“Black”) appeals his conviction for assault
for which he received time served. Black’s appointed appellate counsel filed a brief
pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967),
and requested leave to withdraw as counsel.
{¶2} In Anders, the United States Supreme Court held that if appointed counsel,
after a conscientious examination of the case, determines the appeal to be wholly
frivolous, he or she should advise the court of that fact and request permission to
withdraw. Id. at 744. This request, however, must be accompanied by a brief
identifying anything in the record that could arguably support the appeal. Id. Further,
counsel must also furnish the client with a copy of the brief, and allow the client
sufficient time to file his or her own brief. Id. In this case, appointed counsel fully
complied with the requirements of Anders.
{¶3} Once the defendant’s counsel satisfies these requirements, this court must
fully examine the proceedings below to determine if any arguably meritorious issues
exist. If we also determine that the appeal is wholly frivolous, we may grant counsel’s
request to withdraw and dismiss the appeal without violating constitutional requirements,
or may proceed to a decision on the merits if state law so requires. Id.
{¶4} On May 14, 2014, this court ordered appointed counsel’s motion to withdraw
to be held in abeyance pending our independent review of the case. We further notified
Black that he had until July 7, 2014, to file his own appellate brief, but Black did not do
so.
{¶5} Black’s appointed counsel states in his Anders brief that he extensively
reviewed the record, including the transcript of the proceedings, and concluded that there
are no meritorious arguments that he could make on Black’s behalf. Counsel could not
set forth even an “arguable” argument pursuant to Anders.
{¶6} After conducting an independent review of Black’s case, we affirm the trial
court’s judgment and grant appointed counsel’s motion to withdraw.
{¶7} The Cuyahoga County Grand Jury indicted Black for one count each for
aggravated robbery, robbery, aggravated burglary, felonious assault, kidnapping, domestic
violence, and petty theft.
{¶8} Pursuant to a plea agreement, Black entered a plea to an amended count of
assault, a first-degree misdemeanor. The remaining counts were nolled. The trial court
sentenced Black to 100 days and gave Black jail-time credit for the 100 days he served in
jail.
{¶9} We have independently examined the record as required by Anders and
have found no error prejudicial to Black. Black entered a plea that was made knowingly,
intelligently, and voluntarily. The trial court followed the dictates of Crim.R. 11(C)(2) in
accepting the plea. This provision provides that the court must address defendants
personally and (1) determine that they understand the nature of the charges against them
and of the maximum penalty involved, (2) inform them of and determine that they
understand the effect of a plea of guilty or no contest and that the court may proceed with
judgment and sentence, and (3) inform them of and determine that they understand the
constitutional rights that they are giving up by entering into their plea. Crim.R.
11(C)(2)(a)-(c). In addition to this, the trial court also substantially complied with
explaining to Black the nonconstitutional rights he was waiving.
{¶10} Likewise, we find no error in the sentence imposed by the trial court. Black
pled guilty to a first-degree misdemeanor, which carries a maximum possible sentence of
180 days. R.C. 2929.24(A)(1). Thus, Black’s sentence of 100 days was within the
range provided by the statute.
{¶11} We, therefore, conclude that this appeal is wholly frivolous pursuant to
Anders. Counsel’s request to withdraw is granted, and we affirm the trial court’s
judgment.
{¶12} Judgment affirmed.
It is ordered that appellee recover of appellant its costs herein taxed.
It is ordered that a special mandate be sent to said court to carry this judgment into
execution.
A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of
the Rules of Appellate Procedure.
PATRICIA ANN BLACKMON, JUDGE
EILEEN A. GALLAGHER, P.J., and
TIM McCORMACK J., CONCUR