Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. McBride

Court of Appeals of Ohio, Seventh District, Mahoning

June 9, 2017

STATE OF OHIO PLAINTIFF-APPELLEE
v.
CHRISTOPHER McBRIDE DEFENDANT-APPELLANT

         Criminal Appeal from the Court of Common Pleas of Mahoning County, Ohio Case Nos. 02 CR 900 A; 02 CR 943 A

          For Plaintiff-Appellee: Atty. Paul J. Gains Mahoning County Prosecutor Atty. Ralph M. Rivera Assistant Prosecuting Attorney

          For Defendant-Appellant: Atty. Richard J. Hura, Christopher McBride, Pro se

          Hon. Cheryl L. Waite Hon. Gene Donofrio Hon. Carol Ann Robb

          OPINION

          WAITE, J.

         {¶1} Appellant Christopher McBride appeals the judgment of the Mahoning County Common Pleas Court denying a motion to withdraw his guilty plea to multiple counts of aggravated burglary, robbery and burglary. Appellant's counsel filed a no merit brief requesting leave to withdraw. A review of the record reveals there are no appealable issues. Appellant's appointed counsel's motion to withdraw is granted and the judgment of the trial court is affirmed.

         Factual and Procedural History

         {¶2} On March 25, 2003, Appellant pleaded guilty in Mahoning County Common Pleas Court to burglary, in violation of R.C. 2911.12(A)(2), a felony of the second degree; three counts of aggravated burglary, in violation of R.C. 2911.01(A)(1); and two counts of robbery, in violation of R.C. 2911.02(A)(3), a felony of the third degree. The three aggravated burglary charges were accompanied by firearm specifications, in violation of R.C. 2941.145(A). This matter was assigned case number 2002 CR 900 A.

         {¶3} Also on March 25, 2003, in Mahoning County Common Pleas Case No. 2002 CR 943 A, Appellant pleaded guilty to aggravated burglary, in violation of R.C. 2911.01(A)(1), a felony of the first degree; and robbery, in violation of R.C. 2911.02(A)(3), a felony of the third degree. The two cases proceeded to a single sentencing hearing on June 3, 2003. In case number 02 CR 900 A, the trial court sentenced Appellant to three years of incarceration on the burglary charge in count one; three years on the aggravated burglary charge in count two; three years on the aggravated burglary charge in count three; three years on the aggravated burglary charge in count four with three years for the firearm specification on this count; three years on the robbery charge in count five; and three years on the robbery charge in count six. These sentences were all to be served consecutively. In case number 02 CR 943 A, Appellant was sentenced to seven years of incarceration for aggravated burglary to be served consecutively to the sentences imposed in case number 02 CR 900 A; and three years for robbery to be served concurrently with the sentence imposed in this case for aggravated burglary. The sentence ordered for Appellant in both cases totaled 28 years. The trial court ordered this 28-year sentence to be served consecutively to a sentence earlier imposed in the Trumbull County Court of Common Pleas in another matter. Appellant did not appeal.

         {¶4} Instead, on June 22, 2005, Appellant filed a motion to withdraw his guilty plea. The trial court denied the motion on August 25, 2005 and again Appellant did not appeal. On October 18, 2007, Appellant filed a delayed appeal of the trial court's June 6, 2003 judgment entry of conviction and sentence. This Court denied Appellant's delayed appeal because it was improperly filed. State v. McBride, 7th Dist. No. 07 MA 185. On November 2, 2010, Appellant filed a second motion to withdraw his guilty plea. The trial court denied this motion on November 22, 2010. Appellant did not appeal. On October 5, 2015, Appellant filed a third motion seeking to withdraw his 2003 guilty plea. On December 3, 2015, the trial court denied that motion. Appellant has now filed this timely appeal of the trial court's judgment denying his third motion to withdraw his plea.

         No Merit Brief

          {¶5} Appellate counsel seeks to withdraw from representation after reviewing the record and finding no potentially meritorious arguments for appeal. This filing of a no merit brief is made pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.E.2d 493 (1967). This Court has addressed no merit briefs in State v. Toney, 23 Ohio App.2d 203, 262 N.E.2d 419 (7th Dist.1970). In Toney, this Court established the procedure to be undertaken when appellate counsel wishes to withdraw from a case based on a frivolous appeal.

3. Where a court-appointed counsel, with long and extensive experience in criminal practice, concludes that the indigent's appeal is frivolous and that there is no assignment of error which could be arguably supported on appeal, he should so advise the appointing court by brief and request that he be permitted to withdraw as counsel of record.
4. Court-appointed counsel's conclusions and motion to withdraw as counsel of record should be transmitted forthwith to the indigent, and the indigent should be granted time to raise any points that he chooses, pro se.
5. It is the duty of the Court of Appeals to fully examine the proceedings in the trial court, the brief of appointed counsel, the arguments pro se of the indigent, and then determine whether or not the appeal is wholly frivolous.
7. Where the Court of Appeals determines that an indigent's appeal is wholly frivolous, the motion of court-appointed counsel to withdraw as counsel of record should be allowed, and the ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.