State v. Sims

Citations

• 2019 Ohio 4975

Syllabus

Anders standard former Loc.App.R. 16(C). Anders outlines the procedure that counsel must follow to withdraw because of the lack of any meritorious grounds for appeal. In Anders, the United States Supreme Court held that if appointed counsel, after a conscientious examination of the case, determines the appeal to be wholly frivolous, he or she should advise the court of that fact and request permission to withdraw. This request must be accompanied by a brief identifying anything in the record that could arguably support the appeal. Counsel must also furnish the client with a copy of the brief, and allow the client sufficient time to file his or her own brief, pro se. Once appellate counsel satisfies these requirements, this court must fully examine the proceedings below to determine if any arguably meritorious issues exist. If we determine that the appeal is wholly frivolous, we may grant counsel's request to withdraw and dismiss the appeal without violating constitutional requirements, or we may proceed to a decision on the merits if state law so requires. Sims's appointed counsel reviewed the record and concluded he could not make any meritorious arguments on Sims's behalf. Nevertheless, counsel presented the following potential issue for our Anders review: (1) the trial court could have sustained Sims's motion to suppress, and (2) the plea hearing failed to comply with Crim.R. 11. Following our independent review of the entire record, we find that no meritorious argument exists and that an appeal would be wholly frivolous. As a result, counsel's request to withdraw is granted and the appeal is dismissed.