State v. Keller, 2012 Ohio 237

Keller pled guilty to five counts after a Lawrence County indictment: burglary (3rd-degree felony), theft of drugs (4th-degree felony), grand theft (4th-degree felony), complicity to grand theft of a motor vehicle (4th-degree felony), and illegal use or possession of paraphernalia (4th-degree misdemeanor).
The trial court imposed a total six-year prison term: four years for burglary, 12 months for theft of drugs, 12 months for grand theft, 6 months for complicity, and 30 days for paraphernalia; the three felonies were ordered to run consecutively, with the misdemeanor concurrent, resulting in six years to serve.
Keller’s appellate counsel filed an Anders brief and motion to withdraw; Keller did not file a pro se brief.
The sole potential assignment of error identified was whether the court abused its discretion by ordering consecutive versus concurrent sentences.
We find Keller’s appeal wholly frivolous and affirm the trial court’s judgment.
The court granted counsel’s withdrawal and affirmed the judgment after reviewing the record.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the sentencing violated statutory limits or abused discretion.	State contends sentence within statutory range; no abuse.	Keller argues non-minimum consecutive sentences were improper.	No error; sentence within range and not an abuse of discretion.

State v. Foster, 109 Ohio St.3d 1 (2006-Ohio-856) (sentencing within statutory range; no need for reasons for max/consecutive)
Kalish v. State, 120 Ohio St.3d 23 (2008-Ohio-4912) (requires consideration of sentencing factors under R.C. 2929.11, 2929.12)
Penson v. Ohio, 488 U.S. 75 (1988) (Anders procedure requires full record review when counsel concludes frivolous appeal)
State v. Wise, 2009-Ohio-5264 (Lawrence App. No. 08CA40) (appellant must be afforded time to file pro se brief)
State v. Delong, 2006-Ohio-2753 (Adams App. No. 05CA815) (review limited to record on appeal)