Court of Appeals of Ohio, Sixth District, Sandusky
Court No. 15 CR 792
L. Coble, for appellant.
DECISION AND JUDGMENT
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.
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
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 ¶
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 ...