[Cite as State v. Armstrong, 2014-Ohio-3555.]
IN THE COURT OF APPEALS
TWELFTH APPELLATE DISTRICT OF OHIO
CLERMONT COUNTY
STATE OF OHIO, :
CASE NOS. CA2014-01-007
Plaintiff-Appellee, : CA2014-01-008
CA2014-01-009
:
- vs - DECISION
: 8/18/2014
BRITTON ARMSTRONG, :
Defendant-Appellant. :
CRIMINAL APPEAL FROM CLERMONT COUNTY COURT OF COMMON PLEAS
Case No. 2013 CR 0317
Vincent D. Faris, Clermont County Prosecuting Attorney, Judith Brant, Nicholas A. Horton, 76
South Riverside Drive, 2nd Floor, Batavia, Ohio 45103, for plaintiff-appellee
R. Daniel Hannon, Clermont County Public Defender, Robert F. Benintendi, 302 East Main
Street, Batavia, Ohio 45103, 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 brief filed by appellant's counsel.
{¶ 2} Counsel for defendant-appellant, Britton Armstrong, has filed a brief with this
court pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396 (1967), which (1)
indicates that a careful review of the record from the proceedings below fails to disclose any
Butler CA2014-01-007
CA2014-01-008
CA2014-01-009
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 appellant
requesting to withdraw as counsel is granted, and this appeal is dismissed for the reason that
it is wholly frivolous.
RINGLAND, P.J., S. POWELL and HENDRICKSON, JJ., concur.
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