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State v. Royse

Court of Appeals of Ohio, Fifth District, Ashland

January 22, 2018

STATE OF OHIO, Plaintiff-Appellee
v.
JASON ROYSE, Defendant-Appellant

          Appeal from the Ashland County Court of Common Pleas, Case No. 17 CRI 054

          For Plaintiff-Appellee: CHRIS TUNNELL, ASHLAND CO. PROSECUTOR

          For Defendant-Appellant: MATTHEW J. MALONE

          Hon. Patricia A. Delaney, P.J. Hon. W. Scott Gwin, J. Hon. William B. Hoffman, J.

          Delaney, P.J.

         {¶1} 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.

         {¶2} Appellee is the state of Ohio and did not appear.

         FACTS AND PROCEDURAL HISTORY

         {¶3} 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].

         {¶4} 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.

         {¶5} 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.

         {¶6} Appellant has not filed a pro se brief.

         {¶7} Appellate counsel raised the following possible assignments of error:

         ASSIGNMENTS ...


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