[Cite as State v. Kjerrumgaard, 2017-Ohio-5797.]
STATE OF OHIO ) IN THE COURT OF APPEALS
)ss: NINTH JUDICIAL DISTRICT
COUNTY OF SUMMIT )
STATE OF OHIO C.A. No. 28398
Appellee
v. APPEAL FROM JUDGMENT
ENTERED IN THE
BANE KJERRUMGAARD COURT OF COMMON PLEAS
COUNTY OF SUMMIT, OHIO
Appellant CASE No. CR 2015 05 1632
DECISION AND JOURNAL ENTRY
Dated: July 12, 2017
HENSAL, Presiding Judge.
{¶1} Bane Kjerrumgaard appeals from the judgment of the Summit County Court of
Common Pleas. We affirm.
I.
{¶2} After initially entering a plea of not guilty, Bane Kjerrumgaard pleaded guilty to
one count of failing to comply with the notice-of-change-of-address requirements under Revised
Code Section 2950.05, a felony of the third degree. The trial court sentenced Mr. Kjerrumgaard
to a three-year prison term, which it suspended, and placed him on 15 months of community
control. Mr. Kjerrumgaard subsequently pleaded guilty to a community-control violation, and
the trial court ordered continued community control. Thereafter, he pleaded guilty to yet another
community-control violation. At sentencing, the trial court revoked community control and
imposed the three-year prison sentence. The trial court appointed counsel for appeal.
2
{¶3} Mr. Kjerrumgaard’s appellate counsel has filed a brief pursuant to Anders v.
California, 386 U.S. 738 (1967), stating that she has reviewed the record and concluded that
there are no non-frivolous issues to be pursued on appeal. Mr. Kjerrumgaard’s counsel has also
moved to withdraw as counsel of record in this matter. The record reflects that Mr.
Kjerrumgaard was served with a copy of his counsel’s brief, and that this Court issued a
Magistrate’s Order affording Mr. Kjerrumgaard an opportunity to raise arguments after review of
the Anders brief. Mr. Kjerrumgaard has not filed a brief on his own behalf.
II.
{¶4} In her Anders brief, appellate counsel identified four possible issues for review:
(1) whether Mr. Kjerrumgaard waived his right to a community-control-violation hearing; (2)
whether he received ineffective assistance of counsel; (3) whether he was afforded all mitigation
rights that he was entitled to upon sentencing; and (4) whether he received an appropriate
sentence. Appellate counsel’s brief sets forth the applicable law for each of these issues and
addresses the relevant facts, but ultimately concludes that there are no issues that were not
wholly frivolous. Based upon this Court’s own full, independent examination of the record, we
agree that there are no appealable, non-frivolous issues in this case. See State v. Randles, 9th
Dist. Summit No. 23857, 2008–Ohio–662, ¶ 6. We, therefore, grant appellate counsel’s motion
to withdraw.
III.
{¶5} Having reviewed the entire record and having found that no appealable issues
exist, this Court concludes that Mr. Kjerrumgaard’s appeal is meritless and wholly frivolous
under Anders. The motion to withdraw filed by Mr. Kjerrumgaard’s counsel is granted. The
judgment of the Summit County Court of Common Pleas is affirmed.
3
Judgment affirmed.
There were reasonable grounds for this appeal.
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.
JENNIFER HENSAL
FOR THE COURT
SCHAFER, J.
TEODOSIO, J.
CONCUR.
APPEARANCES:
KRISTEN KOWALSKI, Attorney at Law, for Appellant.
SHERRI BEVAN WALSH, Prosecuting Attorney, and RICHARD S. KASAY, Assistant
Prosecuting Attorney, for Appellee.
State v. Kjerrumgaard
Combined Opinion