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State v. Bracey

Court of Appeals of Ohio, Sixth District, Sandusky

February 16, 2018

State of Ohio Appellee
v.
Karnell L. Bracey Appellant

         Trial Court No. 15 CR 792

          Karin L. Coble, for appellant.

          DECISION AND JUDGMENT

          SINGER, J.

         {¶ 1} Appellant, Karnell L. Bracey, appeals the June 1, 2016 judgment of the Sandusky County Court of Common Pleas, in which he was sentenced to three years incarceration for robbery in violation of R.C. 2911.02(A)(3), a felony of the third degree. Finding no error, we affirm.

         Background

         {¶ 2} Appellant and two codefendants forced their way into an apartment and committed a robbery. Appellant was indicted on one count of aggravated burglary in violation of R.C. 2911.11(A)(1), a felony of the first degree.

         {¶ 3} Appellant entered a not guilty plea to the aggravated burglary charge. Appellant's trial counsel was also appointed to represent a codefendant. As a result of the potential conflict of interest, appellant requested new trial counsel.

         {¶ 4} New counsel was appointed and appellant maintained his not guilty plea. Appellant later withdrew this plea and, on March 30, 2016, entered a plea of guilty to the lesser included offense of robbery in violation of R.C. 2911.02(A)(3), a felony of the third degree.

         {¶ 5} At the plea hearing, and based on the written agreement memorializing his plea, appellant was informed of the effects and nature of his plea, was informed of the rights waived by his plea, and confirmed his plea was entered into voluntarily and without coercion.

         {¶ 6} The court accepted appellant's plea, ordered a presentence report, and scheduled a sentencing hearing. At the hearing, appellant was sentenced to 36 months incarceration. The court informed appellant that the sentence was necessary and appropriate in light of the seriousness of the offense and his criminal history. The sentencing judgment was journalized June 1, 2016. Appellant timely appealed.

         {¶ 7} His first appellate counsel filed a no-error brief and request to withdraw pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and 6th Dist.LocApp.R. 10(G). See State v. Bracey, 6th Dist. Sandusky No. S-16-025, 2017-Ohio-4334, ¶ 1. However, counsel failed to file a transcript we found necessary to conduct a full examination of the proceedings and to decide if the appeal was indeed frivolous. Id. at ¶ 2. As a result, we issued an order to appoint new counsel who was to file the necessary record and a new appellate brief for appellant. Id. at ¶ 3.

         Anders Brief

         {¶ 8} On July 27, 2017, appellant's new counsel filed a no-error brief and request to withdraw pursuant to Anders. Counsel asserts, after thoroughly reviewing the transcript of proceedings in the trial court and the applicable case law, no meritorious assignments of ...


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