State v. Anderson
2017 Ohio 7803
| Ohio Ct. App. | 2017Background
- Damian B. Anderson appealed his Butler County conviction and sentence; counsel filed an Anders brief seeking withdrawal as the appeal is frivolous.
- Record reviewed included trial court docket, transcripts, and filings; no oral argument was held.
- Counsel identified two potential arguable issues but concluded no prejudicial error supported an assignment of error.
- The appellate court independently reviewed the record and found no prejudicial error affecting Anderson's rights.
- The court identified a clerical error in the May 2, 2017 judgment entry: Count One was mistakenly labeled a third-degree felony though the plea, sentence, and record reflected a second-degree felony robbery.
- The court granted counsel's motion to withdraw, affirmed convictions and sentences except to correct the clerical mistake via a nunc pro tunc judgment entry.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether any appealable, prejudicial trial-court error exists | State argued the record shows no prejudicial error; appeal is frivolous | Anderson (through Anders brief) raised two potential issues but conceded no error supporting reversal | No prejudicial error found; record upheld |
| Whether counsel may withdraw under Anders | State supported counsel's Anders procedure and motion to withdraw | Counsel requested permission to withdraw citing frivolous appeal | Motion to withdraw granted |
| Whether the judgment entry correctly states felony degree for Count One | State treated the judgment as facially inconsistent but relied on record | Anderson relied on plea, sentence, and record showing second-degree robbery | Court found clerical error: sentence and plea were for second-degree robbery; judgment entry corrected nunc pro tunc |
| Appropriate remedy for clerical error | State sought correction to match plea and sentence | Anderson sought correction to reflect actual conviction degree | Court ordered reversal only for remand to enter nunc pro tunc entry; affirmed remainder |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967) (establishes procedures for counsel to seek withdrawal when appeal is frivolous; requires independent appellate review)