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The State of Ohio v. Bradley J. Hinkle

September 26, 2011

THE STATE OF OHIO PLAINTIFF-APPELLEE
v.
BRADLEY J. HINKLE DEFENDANT-APPELLANT



Appeal from the Knox County Common Pleas Court, Case No. 10CR070118

The opinion of the court was delivered by: Hoffman, J.

CHARACTER OF PROCEEDING:

JUDGMENT:

DATE OF JUDGMENT ENTRY:

JUDGES: Hon. W. Scott Gwin, P.J. Hon. William B. Hoffman, J. Hon. Julie A. Edwards, J.

OPINION

Affirmed in part; Vacated in part; and Remanded

{¶1} Appellant, Bradley J. Hinkle, was indicted on one count of Aggravated Trafficking in Drugs in violation of R.C. 2925.03(A)(1), a felony of the third degree, two counts of Illegal Assembly or Possession of Chemicals for the Manufacture of Drugs in violation of R.C. 2925.041(A), which are a felonies of the second degree, and one count of Intimidation of Victim or Witness in a Criminal Case in violation of R.C. 2921.04(B), also a felony of the third degree. Appellant entered guilty pleas to counts one, three, and four. The State dismissed count two. Appellant was sentenced to a prison term of four years on count one with a mandatory fine of $5,000.00; a prison term of six years on count three with a mandatory fine of $7,500.00; and a prison term of four years on count 4. All three prison terms were ordered to be served concurrently to one another for a total prison term of six years. At the time of sentencing, counsel for Appellant inquired as to whether the mandatory fines could be waived. The trial court instructed Appellant to file an appropriate motion. The judgment entry of conviction and sentencing was filed on November 4, 2010. Appellant's Motion to Suspend Mandatory Fine was filed on November 9, 2010. The trial court did not expressly rule on the Motion to Suspend Mandatory Fine prior to Appellant's filing his Notice of Appeal on December 2, 2010.

{¶2} Counsel for Appellant has filed a Motion to Withdraw and a brief pursuant to Anders v. California (1967), 386 U.S. 738, rehearing den. (1967), 388 U.S. 924, indicating the within appeal was wholly frivolous and setting forth two proposed assignments of error. Appellant did not file a pro se brief alleging any additional assignments of error.

{¶3} Counsel for Appellant raises the following potential assignments of error:

I.

{¶4} "THE APPELLANT'S GUILTY PLEAS TO COUNTS ONE, THREE AND FOUR OF THE INDICTMENT WERE NOT OFFERED KNOWINGLY, VOLUNTARILY AND INTELLIGENTLY."

II.

{ΒΆ5} "THE TRIAL COURT ERRED BY IMPOSING MANDATORY FINES WHEN THE APPELLANT FILED A MOTION TO WAIVE MANDATORY FINES ...


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