State v. Lemmings
2016 Ohio 7414
| Ohio Ct. App. | 2016Background
- Carl Lemmings was indicted July 13, 2015 for one count of theft (R.C. 2913.02(A)(1)), a fifth-degree felony, for using Linda Adamson’s card to obtain $424 via Western Union transfers in April 2015.
- Lemmings pleaded guilty October 26, 2015; the State agreed to remain silent at sentencing and Lemmings agreed to $424 restitution.
- A presentence investigation was ordered; sentencing was set for November 17, 2015, but Lemmings failed to appear and a capias issued.
- Lemmings was arrested December 21, 2015, held in jail, and sentenced January 8, 2016 to 12 months imprisonment plus $424 restitution.
- Appointed appellate counsel filed an Anders brief concluding the appeal is frivolous and moved to withdraw; Lemmings did not file a pro se brief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether any non-frivolous appellate issues exist such that counsel should not be permitted to withdraw under Anders | State: record shows valid plea, sentencing, and restitution; no reversible error asserted | Lemmings (via counsel): no meritorious issues identified; appeal is frivolous | Court: independent review finds no arguably meritorious issues; affirms judgment and permits withdrawal under Anders |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (1967) (requires counsel to identify possible grounds and the court to independently review the record before permitting withdrawal)