State v. Carnicom, 2016 Ohio 7290

Shawn Carnicom pled guilty to one count of fifth-degree felony forgery and was sentenced on June 16, 2014 to two years community control with a condition to complete the SEARCH program at NorthWest Community Corrections Center.
At sentencing Carnicom was informed that a violation of community control could result in a prison term up to one year and postrelease control up to three years; the judgment was journalized June 18, 2014.
Carnicom failed to complete the SEARCH program after accumulating six warnings and eight sanctions and was discharged for failing to progress.
The State filed a petition to revoke community control on October 16, 2015; after a November 19, 2015 hearing the trial court found a violation and imposed a one-year prison term with 207 days credit, journalized November 24, 2015.
Appointed appellate counsel moved to withdraw under Anders v. California, saying no non-frivolous issues existed; counsel proposed one potential assignment of error—that the sentence was contrary to law—and the State concurred that no arguable issue existed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the one-year sentence imposed after community-control revocation is contrary to law	The State: sentence is within statutory range for a fifth-degree felony and the court properly notified defendant of possible sanction	Carnicom: the sentence is contrary to law (challenged by counsel as potential assignment of error)	Court: sentence is not contrary to law; within statutory range; trial court considered required factors; affirmed
Whether counsel may withdraw under Anders	State: concurred counsel found no meritorious appeal	Carnicom: no pro se response filed	Court: Anders requirements met; appeal found frivolous; granted withdrawal

Anders v. California, 386 U.S. 738 (U.S. 1967) (sets procedure for counsel to withdraw when appellate claims are frivolous)
State v. Duncan, 57 Ohio App.2d 93 (Ohio Ct. App. 1978) (Ohio application of Anders withdrawal procedure)