Court of Appeals of Ohio, Eighth District, Cuyahoga
Appeal from the Cuyahoga County Court of Common Pleas Case
ATTORNEY FOR APPELLANT Patricia J. Smith Emiliano Torres
ATTORNEY FOR APPELLEE Michael C. O'Malley Cuyahoga County
Prosecutor The Justice Center.
BEFORE: Celebrezze, J., Keough, A.J., and S. Gallagher, J.
JOURNAL ENTRY AND OPINION
D. CELEBREZZE, JR., JUDGE.
Appellant, Emiliano Z. Torres, appeals from guilty pleas and
an agreed sentence imposed by the trial court. His attorney,
pursuant to Anders v. California, 386 U.S. 738, 87
S.Ct.1396, 18 L.Ed.2d 493 (1967), filed a motion to withdraw
as counsel and dismiss the appeal. After a thorough
examination of the record, this court grants the motion to
withdraw and dismisses the appeal.
Factual and Procedural History
Appellant pled guilty to amended charges of gross sexual
imposition, felonious assault, and domestic violence. The
plea deal included an agreed three-year sentence. A
sentencing hearing was conducted on August 22, 2016. There,
the trial court imposed the agreed sentence by doing the
following: the trial court merged Count 1, gross sexual
imposition; and Count 3, felonious assault; imposed a
three-year sentence on Count 3; and imposed an 180-day
sentence on the remaining count of domestic violence in Count
4. However, the journal entry of sentence entered August 29,
2016, indicates that the trial court imposed an 18-month
sentence on Count 1,  a three-year sentence on Count 3, and an
180-day sentence on Count 4. The court also classified
appellant as a Tier I sex offender. Appellant then filed a
notice of appeal.
Law and Analysis
Appellant's counsel filed motions to withdraw and dismiss
the appeal pursuant to Anders and this court's
Loc.R. 16(C). Appellant was provided with notice and an
opportunity to submit his own brief, which he did not.
Pursuant to that rule, this court reviews the motion, brief
in support, and the entire record and determines whether any
arguably meritorious issue exists. If this court determines
there are no meritorious issues, and the appeal is
"wholly frivolous, " we may dismiss the appeal. If
this court finds the existence of a meritorious issue, we
must afford the appellant assistance of counsel before
deciding the merits of the case. Anders at 744.
Here, there is no meritorious issue to argue. Appellant's
counsel submitted a brief in support that outlined the trial
court's compliance with Crim.R. 11 during the plea
colloquy, and the fact that the court imposed an agreed
sentence that cannot be appealed pursuant to R.C.
2953.08(D)(1). This court's own independent review
indicates that appellant entered guilty pleas after a
thorough plea colloquy and the trial court imposed an agreed
prison sentence, which included an agreement as to allied
offenses, that was authorized by law, and from which
appellant cannot appeal.
Therefore, this court finds no meritorious issue is present
based on the record, and that an appeal would be wholly
frivolous. Counsel's request to withdraw is granted, and
the appeal is dismissed.