State v. Bartos

Summary

The Fifth District Court of Appeals of Ohio affirmed Warren D. Bartos’s convictions and one-year community control sentence following his guilty pleas to trespass in a habitation, drug possession offenses, and resisting arrest. Applying Anders v. California, the court independently reviewed the record, found no nonfrivolous appellate issues, and granted appellate counsel’s motion to withdraw.

Holdings

1. The trial court properly accepted Bartos's guilty pleas because the plea-change hearing complied with Ohio Criminal Rule 11(C), and the record showed that the pleas were knowing, intelligent, and voluntary.
2. The sentence was not subject to successful appellate challenge because it was jointly recommended, imposed by the sentencing judge, authorized by law, and compliant with mandatory sentencing provisions.
3. The appeal was frivolous because appointed counsel complied with Anders and the appellate court independently examined the record and found no nonfrivolous issue.

Questions Presented

1. Whether the trial court properly accepted Bartos's guilty pleas under Ohio Criminal Rule 11(C).
2. Whether the jointly recommended community-control sentence was authorized by law and appealable.
3. Whether the record contained any nonfrivolous issue warranting relief under Anders v. California.

Disposition

affirmed