[Cite as State v. Toliver, 2016-Ohio-7439.]
IN THE COURT OF APPEALS
TWELFTH APPELLATE DISTRICT OF OHIO
CLERMONT COUNTY
STATE OF OHIO, :
CASE NOS. CA2016-03-017
Plaintiff-Appellee, : CA2016-03-018
: DECISION
- vs - 10/24/2016
:
DARWIN L. TOLIVER, :
Defendant-Appellant. :
CRIMINAL APPEAL FROM CLERMONT COUNTY COURT OF COMMON PLEAS
Case No. 2015CR0164
D. Vincent Faris, Clermont County Prosecuting Attorney, Nicholas Horton, 76 South
Riverside Drive, 2nd Floor, Batavia, Ohio 45103, for plaintiff-appellee
W. Stephen Haynes, 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 briefs filed by counsel.
{¶ 2} Counsel for appellant, Darwin L. Toliver, 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 errors by the
Butler CA2016-03-017
CA2016-03-018
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.
PIPER, P.J., RINGLAND and HENDRICKSON, JJ., concur.
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