Opinion

State v. Brown

  • 2025 Ohio 2481
Court
Ohio Court of Appeals
Filed
Jul 14, 2025
Status
Published
Cited by
0 cases
Authority
More cited than 37.8%

The opinion

[Cite as State v. Brown, 2025-Ohio-2481.]

IN THE COURT OF APPEALS

TWELFTH APPELLATE DISTRICT OF OHIO

PREBLE COUNTY

:

STATE OF OHIO,

: CASE NOS. CA2024-10-016

Appellee, CA2024-10-017

:

DECISION AND

- vs - : JUDGMENT ENTRY

7/14/2025

:

KAYLA RAE BROWN,

:

Appellant.

CRIMINAL APPEAL FROM PREBLE COUNTY COURT OF COMMON PLEAS

Case Nos. 23 CR 14053; 23CR14153

Eric Marit, Preble County Prosecuting Attorney, and Kathryn M. West, Assistant

Prosecuting Attorney, for appellee.

Samuel D. Borst, for appellant.

____________

DECISION

Per Curiam.

{¶1} This cause came on to be considered upon a notice of appeal filed by

appellant, Kayla Rae Brown, the transcript of the docket and journal entries, the transcript

of proceedings and original papers from the Preble County Court of Common Pleas, and

Preble CA2024-10-016

CA2024-10-017

upon the briefs.

{¶2} Appellant's counsel has filed a brief with this court pursuant to Anders v.

California, 386 U.S. 738 (1967), which (1) indicates that a careful review of the record

from the proceedings below fails to disclose any errors by the trial court prejudicial to the

rights of appellant upon which an assignment of error may be predicated; (2) lists one

potential error "that might arguably support the appeal," Anders at 744; (3) requests that

this court review the record independently to determine whether the proceedings are free

from prejudicial error and without infringement of appellant's constitutional rights; (4)

requests permission to withdraw as counsel for appellant on the basis that the appeal is

wholly frivolous; and (5) certifies that a copy of both the brief and motion to withdraw have

been served upon appellant.

{¶3} Having allowed appellant sufficient time to respond, and no response

having been received, we have accordingly examined the record and find no error

prejudicial to appellant's rights in the proceedings in the trial court. The motion of counsel

for appellant requesting to withdraw as counsel is granted, and this appeal is dismissed

for the reason that it is wholly frivolous.

HENDRICKSON, P.J., BYRNE and SIEBERT, JJ., concur.

JUDGMENT ENTRY

The brief of appellant, filed pursuant to Anders v. California, 386 U.S. 738 (1967),

properly before this court and having been considered by the court, it is ordered that the

motion of counsel for appellant requesting to withdraw as counsel is granted, and this

appeal is hereby dismissed for the reason that it is wholly frivolous.

It is further ordered that a mandate be sent to the Preble County Court of Common

Pleas for execution upon this judgment and that a certified copy of this Decision and

Judgment Entry shall constitute the mandate pursuant to App.R. 27.

Preble CA2024-10-016

CA2024-10-017

Costs to be taxed to appellant.

/s/ Robert A. Hendrickson, Presiding Judge

/s/ Matthew R. Byrne, Judge

/s/ Melena S. Siebert, Judge

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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