State v. Kavy, (Ohio 2008)
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Summary
Anders no error.
Summary
Anders no error.
Text
[Cite as State v. Kavy, 2008-Ohio-19.]
IN THE COURT OF APPEALS
TWELFTH APPELLATE DISTRICT OF OHIO
MADISON COUNTY
STATE OF OHIO, :
Plaintiff-Appellee, :
CASE NO. CA2007-08-026
: D E C I S I O N - vs -
1/7/2008
:
MARK J. KAVY, :
Defendant-Appellant. :
CRIMINAL APPEAL FROM MADISON COUNTY MUNICIPAL COURT Case Nos. CRB0600036 and CRB0600357
Stephen J. Pronai, Madison County Prosecuting Attorney, Gregory T. Merritt, 59 North Main Street, London, OH 43140-1242, for plaintiff-appellee, state of Ohio William F. Ballam, 1358 West 1st Avenue, Grandview Heights, OH 43212, for defendant- appellant, Mark J. Kavy
Per Curiam.
This cause came on to be considered upon a notice of appeal, the transcript of the docket and journal entries, the transcript of proceedings and original papers from the Madison County Municipal Court, and upon the brief filed by appellant's counsel, oral argument having been waived.
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Madison CA2007-08-026
Counsel for defendant-appellant, Mark J. Kavy, filed a brief with this court pursuant to Anders v. California (1967), 386 U.S. 738, 87 S.Ct. 1396, which (1) indicates that a careful review of the record from the proceedings below fails to disclose any errors by the trial court prejudicial to the rights of appellant upon which an assignment of error may be predicated; (2) lists one potential error "that might arguably support the appeal," Anders, at 744, 87 S.Ct. at 1400; (3) requests that this court review the record independently to determine whether the proceedings are free from prejudicial error and without infringement of appellant's constitutional rights; (4) requests permission to withdraw as counsel for appel ant on the basis that the appeal is wholly frivolous; and (5) certifies that a copy of both the brief and motion to withdraw have been served upon appellant.
Having allowed appellant sufficient time to respond, and no response having been received, we have accordingly examined the record and find no error prejudicial to appellant's rights in the proceedings in the trial court. The motion of counsel for appellant requesting to withdraw as counsel is granted, and this appeal is dismissed for the reason that it is wholly frivolous.
YOUNG, P.J., BRESSLER and POWELL, JJ., concur.
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[Cite as State v. Kavy, 2008-Ohio-19.]
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