State v. Meinert

Summary

The Ohio Fifth District Court of Appeals reviewed an Anders appeal from the revocation of Cassandra Meinert’s intervention in lieu of conviction. The court held that the trial court did not abuse its discretion in finding that Meinert violated a condition requiring completion of counseling or intensive outpatient treatment, revoking intervention, entering a finding of guilt, and imposing community control. The court granted appellate counsel’s motion to withdraw and affirmed the judgment.

Holdings

1. When an offender fails to comply with a term or condition of an intervention-in-lieu-of-conviction plan, the trial court may continue intervention, continue it with additional terms or sanctions, or enter a finding of guilt and impose an appropriate sanction under R.C. Chapter 2929.
2. The trial court did not abuse its discretion in finding that Meinert violated condition ten and revoking intervention in lieu of conviction.
3. The appeal was wholly frivolous because independent review disclosed no arguably meritorious claim supporting reversal; appointed counsel's motion to withdraw was therefore properly granted.

Questions Presented

1. Whether the trial court abused its discretion by finding that Meinert violated condition ten of her intervention-in-lieu-of-conviction plan.
2. Whether the trial court abused its discretion by revoking intervention in lieu of conviction and entering a finding of guilt.
3. Whether the Anders appeal presented any arguably meritorious issue.

Disposition

affirmed