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State v. Williams

Court of Appeals of Ohio, Seventh District, Mahoning

June 15, 2017

STATE OF OHIO CITY OF STRUTHERS PLAINTIFF-APPELLEE
v.
JALEESA M. WILLIAMS DEFENDANT-APPELLANT

         Criminal Appeal from the Struthers Municipal Court of Mahoning County, Ohio Case No. 15 CRB 358

          For Plaintiff-Appellee:Atty. Dominic Leone, III Prosecuting Attorney/Law Director Struthers Municipal Court

          For Defendant-Appellant: Atty. Donna J. McCollum

          JUDGES: Hon. Cheryl L. Waite Hon. Mary DeGenaro Hon. Carol Ann Robb

          OPINION

          WAITE, J.

         {¶1} Appellant Jaleesa M. Williams appeals her conviction and sentencing on August 21, 2015 in the Struthers Municipal Court. Appellant's counsel filed a no merit brief requesting leave to withdraw. A complete review of the case reveals no appealable issues. Accordingly, appointed counsel's motion to withdraw is granted and Appellant's conviction and sentence are affirmed.

         Factual and Procedural History

         {¶2} As the result of a June 16, 2015 traffic stop, Appellant was charged with disorderly conduct, a misdemeanor of the fourth degree in violation of R.C. 2917.11. Appellant failed to appear at a pretrial conference and a bench warrant was issued. Shortly thereafter, Appellant turned herself in and appeared for bench trial. On August 21, 2015, Appellant pleaded guilty to the charges. The trial court imposed a thirty-day suspended jail sentence and one year of probation. Additionally, the court imposed a $250 fine and costs. Appellant timely appeals.

         No-Merit Brief

         {¶3} Based on a review of this matter, appellate counsel seeks to withdraw after finding no potentially meritorious arguments for appeal. This filing is known as a no merit brief or an Anders brief. See Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.E.2d 493 (1967). In our district, it is referred to as a Toney brief. See State v. Toney, 23 Ohio App.2d 203, 262 N.E.2d 419 (7th Dist.1970).

         {¶4} In Toney, this Court established the procedure to be used when appellate counsel wishes to withdraw from a case deemed 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 ...

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