[Cite as State v. Kosturko, 2013-Ohio-2670.]
STATE OF OHIO ) IN THE COURT OF APPEALS
)ss: NINTH JUDICIAL DISTRICT
COUNTY OF SUMMIT )
STATE OF OHIO C.A. No. 26676
Appellee
v. APPEAL FROM JUDGMENT
ENTERED IN THE
ANDREW KOSTURKO COURT OF COMMON PLEAS
COUNTY OF SUMMIT, OHIO
Appellant CASE No. CR 11 07 1882
DECISION AND JOURNAL ENTRY
Dated: June 26, 2013
CARR, Judge.
Appellant, Andrew Kosturko, appeals the judgment of the Summit County Court of
Common Pleas. This Court affirms.
I.
On July 20, 2011, the Summit County Grand Jury returned a secret indictment charging
Kosturko with one count of rape in violation of R.C. 2907.02(A)(2), a felony of the first degree;
one count of felonious assault in violation of R.C. 2903.11(A)(1), a felony of the second degree;
one count of gross sexual imposition in violation of R.C. 2907.05(A)(1), a felony of the fourth
degree; and one count of domestic violence in violation of R.C. 2919.25(A), a misdemeanor of
the first degree. Kosturko pleaded not guilty to the charges at arraignment, and the matter
proceeded to trial. A jury subsequently found Kosturko not guilty of rape, but guilty of felonious
assault, gross sexual imposition, and domestic violence. Kosturko was sentenced to a six-year
term of imprisonment. The trial court issued its sentencing entry on September 27, 2012.
2
Kosturko appeared again before the trial court on October 1, 2012, so that the trial court could
correct an error in the imposition of post-release control. A corrected sentencing entry was
journalized on October 4, 2012.
Kosturko filed a timely notice of appeal. On October 28, 2012, the trial court appointed
appellate counsel.
II.
On March 11, 2013, appellate counsel filed a brief pursuant to Anders v. California, 386
U.S. 738 (1967), stating that she had reviewed the record and concluded that there were no
assignments of error to be found in this case. Kosturko’s counsel also moved to withdraw as
counsel of record in this matter. Kosturko was served with a copy of appellate counsel’s brief,
and this Court issued a magistrate’s order affording Kosturko an opportunity to raise arguments
after review of the Anders brief. Kosturko has not responded to the brief.
Upon this Court’s own full, independent examination of the record before us, we find that
there are not appealable, non-frivolous issues in this case. See State v. Randles, 9th Dist. No.
23857, 2008-Ohio-662, ¶ 6; State v. Lowe, 9th Dist. No. 97CA006758 (Apr. 8, 1998).
III.
The judgment of the Summit County Court of Common Pleas is affirmed. Appellate
counsel’s motion to withdraw as counsel is hereby granted.
Judgment affirmed.
There were reasonable grounds for this appeal.
3
We order that a special mandate issue out of this Court, directing the Court of Common
Pleas, County of Summit, State of Ohio, to carry this judgment into execution. A certified copy
of this journal entry shall constitute the mandate, pursuant to App.R. 27.
Immediately upon the filing hereof, this document shall constitute the journal entry of
judgment, and it shall be file stamped by the Clerk of the Court of Appeals at which time the
period for review shall begin to run. App.R. 22(C). The Clerk of the Court of Appeals is
instructed to mail a notice of entry of this judgment to the parties and to make a notation of the
mailing in the docket, pursuant to App.R. 30.
Costs taxed to Appellant.
DONNA J. CARR
FOR THE COURT
MOORE, P. J.
HENSAL, J.
CONCUR.
APPEARANCES:
LEE A. SCHAFFER, Attorney at Law, for Appellant.
SHERRI BEVAN WALSH, Prosecuting Attorney, and HEAVEN DIMARTINO, Assistant
Prosecuting Attorney, for Appellee.