[Cite as State v. Brown, 2014-Ohio-4626.]
IN THE COURT OF APPEALS
TWELFTH APPELLATE DISTRICT OF OHIO
WARREN COUNTY
STATE OF OHIO, :
Plaintiff-Appellee, : CASE NO. CA2014-01-005
: DECISION
- vs - 10/20/2014
:
BENJIE PAULINE BROWN, :
Defendant-Appellant. :
CRIMINAL APPEAL FROM WARREN COUNTY COURT OF COMMON PLEAS
Case No. 13CR29183
David P. Fornshell, Warren County Prosecuting Attorney, Derek Faulkner, 500 Justice Drive,
Lebanon, Ohio 45036, for plaintiff-appellee
Gray & Duning, Neal W. Duiker, 130 East Mulberry Street, Lebanon, Ohio 45036, 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
Warren County Court of Common Pleas, and upon a brief and amended brief filed by
appellant's counsel.
{¶ 2} Counsel for defendant-appellant, Benjie Pauline Brown, has filed a brief with
Warren CA2014-01-005
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
errors by the trial court prejudicial to the rights of appellant upon which an 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.
S. POWELL, P.J., PIPER and M. POWELL, JJ., concur.