STATE OF OHIO v. ALVIS G. DALTON
Appellate Case No. 24953
Trial Court Case No. 11-CR-747
IN THE COURT OF APPEALS OF OHIO SECOND APPELLATE DISTRICT MONTGOMERY COUNTY
July 26, 2012
[Cite as State v. Dalton, 2012-Ohio-3386.]
HALL, J.
(Criminal Appeal from Common Pleas Court)
Rendered on the 26th day of July, 2012.
MATHIAS H. HECK, JR., by CARLEY J. INGRAM, Atty. Reg. #0020084, Montgomery County Prosecutor‘s Office, Appellate Division, Montgomery County Courts Building, P.O. Box 972, 301 West Third Street, Dayton, Ohio 45422 Attorney for Plaintiff-Appellee
BYRON K. SHAW, Atty. Reg. #0073124, Law Office of Byron K. Shaw, 4800 Belmont Place, Huber Heights, Ohio 45424 Attorney for Defendant-Appellant
HALL, J.
{¶ 1} Alvis G. Dalton was indicted on March 8, 2011 for one count of Possession of Heroin in an amount of 10 grams or more, but less than 50 grams, a felony of the second
{¶ 2} A motion to suppress was filed on March 24, 2011 arguing that any statements made by the defendant were not constitutionally obtained. That motion was scheduled for a hearing on May 19, 2011. However, as confirmed by entry filed May 20, 2011, on May 19th, 2011, the defense made a request to withdraw the motion to suppress and that withdrawal request was approved by the court.
{¶ 3} On September 9, 2011, a subsequent “B” indictment was filed charging the defendant with assault on an employee of the Ohio Department of Rehabilitation and Corrections [ODRC] while in the performance of his duties (the same parole officer regarding the same incident as in the original indictment.) The subsequent charge is a felony of the fifth degree.
{¶ 4} On November 3, 2011, the defendant entered guilty pleas to the possession of heroin charge and the “B” indictment charge of assault on an ODRC employee. The fourth degree assault on a peace officer was dismissed. On December 1, 2012, Dalton was sentenced to prison for a mandatory four years on the possession charge and a concurrent 11 months on the assault charge.1 Dalton appealed.
{¶ 5} On February 23, 2012, Dalton‘s appellate counsel filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), asserting the absence of any meritorious issues for our review. In the Anders brief, appellate counsel did
{¶ 6} We notified appellant that his counsel had filed an Anders brief and offered appellant ample time to file a pro se brief. None has been received.
{¶ 7} With regard to the manifest weight of the evidence, the appellant‘s guilty plea left nothing for the State to prove because a guilty plea is a complete admission of guilt.
{¶ 8} Pursuant to Anders v. California, supra, we have conducted an independent review of the record to determine whether there are any potential assignments of error having arguable merit. We have not found any. Our review of the plea colloquy reveals the trial court scrupulously complied with
{¶ 9} After reviewing the entire record, we find no potential assignments of error having arguable merit, and this appeal is wholly frivolous. Accordingly, the judgment of the trial court is affirmed.
{¶ 10} DONOVAN and FROELICH, JJ., concur.
Mathias H. Heck
Carley J. Ingram
Byron K. Shaw
Alvis G. Dalton
Hon. Mary L. Wiseman