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. Phillips

Court of Appeals of Ohio, Seventh District, Belmont

December 18, 2017

STATE OF OHIO PLAINTIFF-APPELLEE
v.
JOHN RICHARD PHILLIPS DEFENDANT-APPELLANT

         Criminal Appeal from the Court of Common Pleas of Belmont County, Ohio Case No. 16 CR 224

          For Plaintiff-Appellee: Atty. Daniel P. Fry Belmont County Prosecutor Atty. J. Kevin Flanagan Assistant Prosecuting Attorney.

          For Defendant-Appellant: Atty. John D. Falgiani, Jr.

          Hon. Cheryl L. Waite Hon. Mary DeGenaro Hon. Carol Ann Robb, Judges.

          OPINION

          WAITE, J.

         {¶1} Appellant John Richard Phillips appeals a February 8, 2017 Belmont County Common Pleas Court decision finding him guilty of three counts of burglary. Appellant's counsel filed a no merit brief requesting leave to withdraw. A complete review of the case reveals no potentially meritorious issues. Accordingly, appointed counsel's motion to withdraw is granted. Appellant's convictions and sentence are affirmed.

         Factual and Procedural History

         {¶2} On January 24, 2017, a bill of information was presented charging Appellant with three counts of burglary, a felony of the third degree in violation of R.C. 2911.12(A)(3). On the same date, Appellant waived indictment and pleaded guilty to all counts as charged in accordance with a Crim.R. 11 plea agreement. The state did not recommend a specific prison sentence. The state agreed that it would not oppose judicial release.

         {¶3} Appellant was sentenced to thirty-six months of incarceration per count which the court ordered to run consecutively, for an aggregate total of nine years of incarceration. The court credited Appellant with 85 days of jail time served. The court also ordered Appellant to pay $1, 885 in restitution. This timely appeal followed. On September 6, 2017, Appellant filed a request for modification of his sentence. In light of this pending appeal, the trial court denied the motion.

         No Merit Brief

         {¶4} Appellant's counsel seeks to withdraw from the appeal after finding no 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, this filing is also referred to as a Toney brief. See State v. Toney, 23 Ohio App.2d 203, 262 N.E.2d 419 (7th Dist.1970).

         {¶5} In Toney, we 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 ...

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.