Summary
The Second District Court of Appeals of Ohio reviewed Mathew Burton Thomas’s appeal from his conviction for possession of a fentanyl-related compound. In an Anders review, the court rejected the challenge to the imposition of a residential community-based correctional facility program, holding that the sentence was authorized and not contrary to law. The court independently found no arguably meritorious issues and affirmed the trial court’s judgment.
Topics
Practice areas
Questions Presented
- Whether the trial court improperly required Thomas to participate in a residential community-based correctional facility program as a condition of community control.
- Whether independent review under Anders revealed any nonfrivolous issue requiring reversal or appointment of new counsel.
Holdings
- The trial court acted within its statutory discretion when it imposed community control sanctions requiring Thomas to complete a residential community-based correctional facility program.
- After conducting an independent review of the entire record, the court concluded that the appeal was wholly frivolous and that no arguably meritorious issue required reversal or appointment of new counsel.
Key quotations
“An appellate court, upon the filing of an Anders brief, has a duty to determine, “after a full examination of the proceedings,” whether the appeal is, in fact, “wholly frivolous.”” (¶ 7)
“Under R.C. 2953.08(G)(2), an appellate court may increase, reduce, or modify a sentence, or it may vacate the sentence and remand for resentencing, only if it “clearly and convincingly” finds either (1) that the record does not support certain specified findings or (2) that the sentence imposed is contrary to law.” (¶ 13)
Factual background
Thomas pleaded guilty to possession of a fentanyl-related compound and was placed on intervention in lieu of conviction for three years. He later admitted stealing alcoholic beverages, testing positive for cocaine and fentanyl, and attempting to alter or submit a fraudulent urine screen. After additional positive cocaine and fentanyl tests, the trial court terminated his intervention, found him guilty, and imposed community control with participation in a residential community-based correctional facility program.
Procedural history
Thomas was indicted on possession of a fentanyl-related compound, possession of drug-abuse instruments, and illegal use or possession of drug paraphernalia. The trial court granted intervention in lieu of conviction, accepted his guilty plea to the possession count, dismissed the remaining counts, and placed him on three years of intervention. After Thomas admitted multiple violations, the court terminated intervention, entered a finding of guilt, and imposed five years of community control with a West Central Community Based Correctional Facility residential-program requirement. On independent Anders review, the appellate court found no arguably meritorious issue and affirmed.