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Date: 04-13-2019

Case Style:

STATE OF OHIO - vs - KEVIN BUTLER

Case Number: CA2018-03-049

Judge: Per Curiam

Court: COURT OF APPEALS TWELFTH APPELLATE DISTRICT OF OHIO CLERMONT COUNTY

Plaintiff's Attorney: Michael T. Gmoser, Butler County Prosecuting Attorney

Defendant's Attorney: Charles M. Conliff

Description:








This cause came on to be considered upon a notice of appeal filed by
appellant, Kevin Butler, the transcript of the docket and journal entries, the transcript of
proceedings and original papers from the Butler County Court of Common Pleas, and upon
the brief filed by appellant's counsel.
{2} Appellant's counsel has filed a brief with this court pursuant to Anders v.
California, 386 U.S. 738, 87 S.Ct. 1396 (1967), which (1) indicates that a careful review of
the record from the proceedings below fails to disclose any errors by the trial court
Butler CA2018-03-049

- 2 -
prejudicial to the rights of appellant upon which an assignment of error may be predicated;
(2) lists five potential errors "that might arguably support the appeal," Anders, at 744, 87
S.Ct. at 1400; (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.

Outcome: 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.

Plaintiff's Experts:

Defendant's Experts:

Comments:



 
 
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