State v. Mosser

Summary

The Fifth District Court of Appeals of Ohio affirmed Destiny Mosser’s misdemeanor convictions and community-control sentence arising from violations of a protection order, aggravated menacing, and unlawful restraint. Applying Anders v. California, the court independently reviewed the record, concluded that the appeal was frivolous, approved appellate counsel’s withdrawal, and found that the guilty-plea proceedings and sentence complied with Ohio law.

Holdings

1. The trial court properly accepted Mosser's guilty pleas because the plea-change hearing was conducted on the record, the court addressed the relevant rights, charges, and consequences, and Mosser entered the pleas knowingly, intelligently, and voluntarily.
2. Mosser's sentence was not contrary to law because the jail terms and supervision period were within the applicable statutory limits and the community-control conditions were reasonably related to the purposes and principles of misdemeanor sentencing.
3. The appeal was frivolous after the court independently examined the record, and appointed counsel was permitted to withdraw.

Questions Presented

1. Whether the trial court properly accepted Mosser's guilty pleas under Ohio law and Criminal Rules 11(E) and 11(F).
2. Whether Mosser's misdemeanor sentence was contrary to law.
3. Whether the record contained any nonfrivolous issue requiring reversal under Anders v. California.

Disposition

affirmed