State v. Denny

Summary

The Ohio Fifth District Court of Appeals affirmed Que’on Denny’s convictions and aggregate twenty-four-month sentence for two counts of theft and two counts of passing bad checks. The court granted appellate counsel’s Anders motion to withdraw, finding no arguably meritorious issues concerning the guilty pleas under Crim.R. 11 or the sentence, including consecutive-sentence findings.

Holdings

1. The trial court complied with Crim.R. 11 in accepting Denny's guilty pleas.
2. Denny's sentence was not contrary to law.
3. The appellate court did not clearly and convincingly find that the evidence failed to support the trial court's consecutive-sentence findings.
4. The appeal was wholly frivolous under Anders; counsel was permitted to withdraw, and the judgment was affirmed.

Questions Presented

1. Whether the trial court complied with Crim.R. 11 when accepting Denny's guilty pleas.
2. Whether Denny's felony sentences were contrary to law under R.C. 2953.08(G)(2), including whether the trial court properly considered the purposes and principles of felony sentencing and the seriousness and recidivism factors.
3. Whether the record clearly and convincingly failed to support the trial court's findings imposing consecutive sentences under R.C. 2929.14(C)(4).
4. Whether appellate counsel should be permitted to withdraw under Anders because the appeal presented no arguably meritorious issue.

Disposition

affirmed