STATE OF OHIO v. SYLVANIUS COOK
Appellate Case No. 26809
IN THE COURT OF APPEALS OF OHIO SECOND APPELLATE DISTRICT MONTGOMERY COUNTY
June 24, 2016
2016-Ohio-4574
Triаl Court Case No. 15-CR-757 (Criminal Appeal from Common Pleas Court)
DARRELL L. HECKMAN, Atty. Reg. No. 0002389, Harris, Meyer, Hеckman & Denkewalter, LLC, One Monument Square, Suite 200, Urbana, Ohio 43078 Attorney for Defendant-Appellant
OPINION
Rendered on the 24th day of June, 2016.
HALL, J.
{¶ 1} Sylvanius Cook was convicted of one count of aggravated burglary, a first-degree felony, and two counts of assault, first-degree misdemanors, after a trial to the
{¶ 2} Cook‘s assigned appellate counsel filed a motion for leave to withdraw under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), stating that “[c]ounsel has read the transcript and found there is no arguable basis for filing a brief for Appellant.” (Motion, etc. at 1). The motion also contained an “ANDERS BRIEF,” which included a statement of the case and a potentiаl assignment of error. By order filed on January 28, 2016, we informed Cook of the Anders filing and advised him of both his right to file his own brief and the timе limit for doing so. Cook has not filed anything, and the time for filing has expired.
The facts and proceedings
{¶ 3} On March 7, 2015, Sylvanius Cook began beating on the front door of the residence of his former girlfriend, Sherina Bunch, who was pregnant with his child. Cook had not lived at her residenсe since December 25, 2014 when he was escorted from the premises by police officers who were сalled after he kicked in the door on that occasion. At that time, the police allowed him to retrieve his clothing and belongings. Present in the house with Bunch on March 7, 2015 was her friend, and Cook‘s cousin, China Lipscomb. They did not lеt Cook inside. He kicked in the door and entered. He got into an argument with Lipscomb and choked her with both of his hаnds around her neck. Cook also kneed Bunch in the stomach, punched her in the mouth with his fist causing a cut inside her mouth, and choked her for three to four seconds. The argument then moved outside before Cook left in his vehicle. After the police arrived, Cook returned but then fled upon
{¶ 4} On April 9, 2015, Cook was indicted for one count of aggravаted burglary in violation of
Potential assignments of error
{¶ 5} Although appellate counsel found no merit to the appeal, he identifies one pоtential assignment of error for our consideration. That potential argument is consistent with the argument defensе counsel made at the time of the trial: although the evidence supported that Cook did break in and did assault Bunch and Lipscomb, the evidence did
{¶ 6} The applicable statute,
(A) No person, by force, stealth, or dеception, shall trespass in an occupied structure or in a separately secured or sepаrately occupied portion of an occupied structure, when another person other than an accomplice of the offender is present, with purpose to commit in the structure or in the sepаrately secured or separately occupied portion of the structure any criminal offense, if any of the following apply:
(1) The offender inflicts, or attempts or threatens to inflict physical harm on another[.]
{¶ 7} We conclude, as counsel acknowledged, that the potential assignment of error lacks arguablе merit. “Trespass” is defined in terms of the following: “No person, without privilege to do so, shall * * * [k]nowingly enter or remain on the land or premises of another [.]”
Anders review
{¶ 8} Finally, we have performed our duty under Anders to conduct an independent review of the record. We thoroughly have reviewed the docket, the various filings, the trial transcript, and the sentencing disposition. We have found no non-frivolous issues for review. Accordingly, the judgment of the Montgomery County Common Pleas Court is affirmed.
FAIN, J., and FROELICH, J., concur.
Copies mailed to:
Mathias H. Heck
Kirsten Brandt
Darrell L. Heckman
Sylvanius Cook
Hon. Richard Skelton