State v. Arnold, 2017 Ohio 7644

On December 10, 2015, Toledo officers stopped Marcus Arnold after observing him walking between traffic; a pat-down revealed a .38‑caliber Cobra (no rounds) in his front left pocket, and a physical struggle occurred during arrest.
Arnold was indicted for having weapons while under disability (third‑degree felony), carrying concealed weapons (fourth‑degree felony), and resisting arrest (second‑degree misdemeanor).
Arnold pleaded no contest to having weapons while under disability and resisting arrest; carrying concealed weapons was dismissed per plea agreement.
The trial court imposed community control (including local confinement and work release) but warned it could impose up to 36 months on the weapons charge for violation.
After Arnold admitted a community‑control violation, the court revoked community control and imposed 36 months’ imprisonment on the weapons count and 90 days on the resisting‑arrest count, to run concurrently.
Appellate counsel filed an Anders brief asserting no non‑frivolous issues, but identified one potential challenge to sentencing under R.C. 2929.11 and 2929.12; the Sixth District reviewed the record and affirmed, granting counsel leave to withdraw.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court erred by imposing a 36‑month sentence without proper compliance with R.C. 2929.11 and 2929.12	State: sentence was lawful; court expressly considered R.C. 2929.11/2929.12 and stayed within statutory range	Arnold: trial court failed to properly apply R.C. 2929.11/2929.12, making the maximum sentence contrary to law	Court: affirmed — sentencing entry shows consideration of R.C. 2929.11/2929.12 and 36 months is within the permissible range for a third‑degree felony; sentence not contrary to law

Anders v. California, 386 U.S. 738 (1967) (requires appointed counsel who deems an appeal frivolous to file a brief identifying arguable issues and request to withdraw)
State v. Duncan, 57 Ohio App.2d 93 (1978) (Ohio application of Anders procedure)