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State v. Phillips

Citations

  • 2022 Ohio 375

Syllabus

Frivolous motion to withdraw appointed appellate court assigned error waiver of jury trial R.C. 2945.05 Crim.R. 23 ineffective assistance of counsel confusion plea agreement Crim.R. 11. The potential assignments of error in the Anders brief have no merit and would have been wholly frivolous because: (1) Phillips executed a knowing, intelligent, and voluntary waiver of his right to a jury trial, (2) defense counsel's actions were not deficient and, therefore, there was no basis for a claim of ineffective assistance of counsel, and (3) the trial court strictly complied with Crim.R. 11's constitutional requirements and substantially complied with the rule's nonconstitutional notifications so that defendant's guilty plea was made knowingly, intelligently, and voluntarily. Therefore, counsel's motion to withdraw was granted.

Judges: Kilbane

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