682 N.E.2d 686 | Ohio Ct. App. | 1996
Lead Opinion
This is an appeal from a judgment entered by the Lawrence County Common Pleas Court, Juvenile Division, adjudicating Terry Unrue, appellant herein, to be a delinquent child.
On September 19, 1994, a complaint was filed asserting that appellant, a seventeen-year-old high school student, engaged in sexual conduct with a thirteen-year-old student and purposely compelled the student's submission by force or by threat of force in violation of R.C.
We note that on March 14, 1995, the prosecution filed a motion to revoke appellant's probation because appellant had failed to abide by the terms of his probation and conditional suspended commitment. Appellant admitted the allegations contained in the motion. The court revoked appellant's probation and committed appellant to DYS. We note that the basis of the motion to revoke appellant's probation involved his improper contact with a thirteen-year-old child at the group home.
Counsel for appellant has filed a brief with the court pursuant to Anders v. California (1967),
Having allowed appellant sufficient time to respond, and no response having been received, we have therefore independently examined the record and find no error in the trial court's proceedings prejudicial to appellant's rights.
Accordingly, we agree with appellate counsel's assessment that no meritorious issues exist in the instant case upon which to base an appeal. Therefore, based upon the foregoing reasons, we affirm the trial court's judgment.
Judgment affirmed.
KLINE, J., concurs.
STEPHENSON, J., concurs separately.
Concurrence Opinion
I am concurring separately because I find that this court failed to follow the procedures set forth by the United States Supreme Court in Anders, supra, and Penson v. Ohio (1988),