2005 Ohio 1548 | Ohio Ct. App. | 2005
{¶ 2} Appellant's counsel has submitted a request to withdraw pursuant to Anders v. California (1967),
{¶ 3} "The trial court committed reversible error by imposing prison after the court considered facts not admitted by the appellant in violation of appellant's Sixth Amendment right to trial by jury and contrary to the United States Supreme Court's ruling in Blakely v.Washington (2004), 542 U.S. ___,
{¶ 4} Anders, supra, and State v. Duncan (1978),
{¶ 5} In the case before us, appointed counsel for appellant has satisfied the requirements set forth in Anders, supra. This court notes further that appellant has not filed a pro se brief or otherwise responded to counsel's request to withdraw. Accordingly, this court shall proceed with an examination of the potential assignment of error set forth by counsel for appellant and the entire record below to determine if this appeal lacks merit and is, therefore, wholly frivolous.
{¶ 6} The potential assignment of error raised in counsel's Anders'
brief concerns whether, in sentencing appellant, the trial court erroneously considered facts not admitted by appellant, in violation of appellant's Sixth Amendment right to trial by jury and contrary to the United States Supreme Court's ruling in Blakely, ___ U.S. ___,
{¶ 7} Upon our own independent review of the record, we find no other grounds for a meritorious appeal. This appeal is, therefore, found to be without merit and is wholly frivolous. Appellant's counsel's motion to withdraw is found well-taken and is hereby granted. The judgment of the Sandusky County Court of Common Pleas is affirmed. Pursuant to App.R. 24, court costs of this appeal are assessed to appellant.
Judgment affirmed.
A certified copy of this entry shall constitute the mandate pursuant to App.R. 27. See, also, 6th Dist.Loc.App.R. 4, amended 1/1/98.
Handwork, J., Pietrykowski, J., Singer, P.J.,, concur.