Court of Appeals of Ohio, Fifth District, Ashland
from the Ashland County Court of Common Pleas, Case No. 17
Plaintiff-Appellee: CHRIS TUNNELL, ASHLAND CO. PROSECUTOR
Defendant-Appellant: MATTHEW J. MALONE
Patricia A. Delaney, P.J. Hon. W. Scott Gwin, J. Hon. William
B. Hoffman, J.
Appellant Jason Royse appeals from his conviction and
sentence upon one count of domestic violence following a plea
of guilty. Appellate counsel filed a brief pursuant to
Anders v. California, 386 U.S. 738, 87 S.Ct. 1396,
18 L.E.2d 493 (1967), asserting he found no potential
assignments of error having arguable merit. We have performed
our duty under Anders to review the record
independently, and we also find no potential assignments of
error having arguable merit. See, State v. Parrish,
2nd Dist. Montgomery No. 25599, 2013-Ohio-5622, ¶ 1.
Appellee is the state of Ohio and did not appear.
AND PROCEDURAL HISTORY
This case arose on March 26, 2017, when appellant knowingly
caused physical harm to a family or household member.
Appellant has a prior conviction for domestic violence.
Appellant was charged by indictment with one count of
domestic violence pursuant to R.C. 2919.25(A), a felony of
the fourth degree [Count I], and one count of disrupting
public services pursuant to R.C. 2909.04(A)(1), also a felony
of the fourth degree [Count II].
Appellant opted to enter a plea of guilty to Count I and
appellee moved to dismiss Count II. The motion to dismiss was
granted and the trial court ordered a pre-sentence
investigation, which is filed in the record under seal. At a
sentencing hearing on July 24, 2017, the trial court imposed
a prison term of nine months.
Appellant now appeals from his conviction and sentence.
Appellate counsel has filed a brief pursuant to
Anders, supra, stating that he can find no potential
assignments of error having arguable merit. By entry filed on
October 10, 2017, appellant was advised that an
Anders brief had been filed on his behalf, and he
was advised to file his own pro se brief on or before
November 3, 2017.
Appellant has not filed a pro se brief.
Appellate counsel raised the following possible assignments