State v. Byrd

Citations

• 2021 Ohio 1893

Syllabus

After conducting an independent review of the record as required by Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), the court finds the appeal is frivolous and there are no issues with arguable merit for appeal. The record reflects the appellant knowingly, intelligently and voluntarily pled guilty to possession of fentanyl, failure to appear after being released on recognizance, possession of cocaine, and aggravated possession of drugs, in exchange for which five other charges were dismissed. Appellant was informed, and he acknowledged, that he could be additionally sentenced to the time remaining on his active post-release control and that that time would be consecutive to his new sentence. He was sentenced to an aggregate 35 months in prison, to be served consecutively with 731 days of incarceration remaining on the prior post-release control supervision. Appellant's record included several prior felony convictions, two prior prison terms, multiple misdemeanor violations and failures at prior drug abuse programming and supervisions. Any claim that the sentence was contrary to law or that the sentence was clearly and convincingly contrary to the record is frivolous. Judgment affirmed.