State v. Plozay

Citations

• 2023 Ohio 4128

Syllabus

Anders brief motion to withdraw Crim.R. 11 sentence contrary to law R.C. 2921.331(B) failure to comply with signal of police R.C. 2921.331(E) and 4510.02(A)(1) mandatory Class One lifetime license suspension R.C. 2929.18(A)(3)(c) imposition of maximum fine R.C. 2923.02 and 2921.31(A) attempted obstructing official business R.C. 2929.11 purposes and principles of felony sentencing R.C. 2929.12 sentencing factors. Appellate counsel's motion to withdraw filed in compliance with Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), is granted and the appeal is dismissed after a thorough review of the record fails to reveal any meritorious arguments for appeal. Crim.R. 11(C) does not require advisement of the right to be tried without a jury. The sentence was not contrary to law because the sentence was within the statutory range, and the trial court considered the purposes and principles of felony sentencing and sentencing factors. The imposition of a Class One lifetime driver's license suspension for a second felony failure to comply is mandated by law. The fact that an indigent defendant was appointed counsel does not bar the imposition of a fine. The case is remanded for the trial court to issue nunc pro tunc entries for the plea and sentencing entries to accurately reflect that the defendant pleaded guilty to and was convicted of the amended charge of attempted obstructing official business.