State v. Corbo

Citations

• 2024 Ohio 5484

Syllabus

Anders procedure; frivolous appeal. After being indicted for two counts of rape, one count of kidnapping, and one count of gross sexual imposition, defendant entered into a plea agreement pleading guilty to one count of sexual battery. Appellate counsel filed a motion to withdraw pursuant to Anders v. California, 386 U.S. 738 (1967). Anders outlines the procedure counsel must follow to withdraw where counsel can find no meritorious grounds for appeal. Appellate counsel must examine the record and advise the court of their findings, or lack thereof, and furnish a copy of his brief to defendant to allow sufficient time to file a brief pro se. Once appellate counsel filed a motion to withdraw, the appellate court must examine the proceedings to determine if any meritorious claims exist. An issue lacks arguable merit if no responsible contention can be made that it offers a basis for reversal. If no meritorious grounds for appeal are found to exist, the court may determine an appeal would be frivolous. A frivolous appeal is one that asserts issues lacking in arguable merit. Within the motion to withdraw, appellate counsel stated he reviewed the record and found that the plea was done in accordance with law, that the sentence was not contrary to law, and that Corbo received effective assistance of counsel at the time of the plea. Following our independent review of the entire record, we find that no meritorious arguments exist and that an appeal would be wholly frivolous. As a result, appellate counsel's request to withdraw is granted and the appeal is dismissed.