State v. Peltier

Citations

• 2019 Ohio 569

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), this court finds no issues with arguable merit for appeal. Counsel's potential assignment of error arguing that trial counsel was ineffective for failing to assert immunity under R.C. 2925.11(B)(2)(b) lacks merit because: (1) Appellant is not qualified under the statute to receive said immunity and (2) Appellant's appeal is from the revocation of his community control—the only matter this court has jurisdiction to consider. Appellant cannot collaterally attack his un-appealed conviction through the instant appeal. Although it could be argued that the trial court erred by failing to give its reasons for recommending Appellant's placement in intensive program prison as required by R.C. 2929.19(D), such an error did not result in any prejudice to Appellant. Judgment affirmed.