[Cite as State v. Brooks, 2014-Ohio-679.]

STATE OF OHIO ) IN THE COURT OF APPEALS 

 )ss: NINTH JUDICIAL DISTRICT 

COUNTY OF SUMMIT ) 

STATE OF OHIO 

 Appellee 

 v. 

JERMAINE FRANKLIN BROOKS 

 Appellant 

C.A. No. 26831 

APPEAL FROM JUDGMENT 

ENTERED IN THE 

COURT OF COMMON PLEAS 

COUNTY OF SUMMIT, OHIO 

CASE No. CR 12 09 2744 

DECISION AND JOURNAL ENTRY

Dated: February 26, 2014 

 

MOORE, Judge. 

{¶1} Defendant-Appellant, Jermaine Franklin Brooks, appeals from the January 14, 

2013 judgment of the Summit County Court of Common Pleas. This Court affirms. 

I. 

{¶2} In September of 2012, the Summit County Grand Jury indicted Mr. Brooks for 

felonious assault, in violation of R.C. 2903.11(A)(1)/(2), a felony of the second degree. Mr. 

Brooks initially pleaded not guilty but after negotiations, changed his plea to guilty. The section 

of the Revised Code under which Mr. Brooks was indicted requires the imposition of a prison 

term. Prior to sentencing, the State recommended a six-year prison term, and Mr. Brooks’ trial 

counsel urged the trial court to impose a four-year prison term. The trial court accepted Mr. 

Brooks’ guilty plea, and sentenced him to a five-year prison term. 
2 

 

{¶3} Mr. Brooks failed to timely appeal from this order, and filed pro-se motions for 

(1) a delayed appeal, and (2) the appointment of appellate counsel. This Court granted Mr. 

Brooks’ motions. 

II. 

{¶4} On October 30, 2013, appellate counsel filed a brief pursuant to Anders v. 

California, 386 U.S. 738 (1967), stating that he had reviewed the record and concluded that there 

were no viable issues to be pursued on appeal. Mr. Brooks’ counsel also moved to withdraw as 

counsel of record in this matter. The record indicates that Mr. Brooks was served with a copy of 

appellate counsel’s brief, and this Court issued a magistrate’s order affording Mr. Brooks an 

opportunity to raise arguments after review of the Anders brief. Mr. Brooks has not responded to 

the brief. 

{¶5} Upon this Court’s own full, independent examination of the record before us, we 

find that there are not appealable, non-frivolous issues in this case. See State v. Randles, 9th 

Dist. Summit No. 23857, 2008-Ohio-662, ¶ 6; State v. Lowe, 9th Dist. Lorain No. 97CA006758, 

1998 WL 161274 (Apr. 8, 1998). 

III. 

{¶6} The judgment of the Summit County Court of Common Pleas is affirmed. 

Appellate counsel’s motion to withdraw as counsel is hereby granted. 

 Judgment affirmed. 

 There were reasonable grounds for this appeal. 
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 We order that a special mandate issue out of this Court, directing the Court of Common 

Pleas, County of Summit, State of Ohio, to carry this judgment into execution. A certified copy 

of this journal entry shall constitute the mandate, pursuant to App.R. 27. 

 Immediately upon the filing hereof, this document shall constitute the journal entry of 

judgment, and it shall be file stamped by the Clerk of the Court of Appeals at which time the 

period for review shall begin to run. App.R. 22(C). The Clerk of the Court of Appeals is 

instructed to mail a notice of entry of this judgment to the parties and to make a notation of the 

mailing in the docket, pursuant to App.R. 30. 

 Costs taxed to Appellant. 

 

 CARLA MOORE 

 FOR THE COURT 

HENSAL, P. J. 

WHITMORE, J. 

CONCUR.

APPEARANCES:

EDDIE SIPPLEN, Attorney at Law, for Appellant. 

SHERRI BEVAN WALSH, Prosecuting Attorney, and HEAVEN DIMARTINO, Assistant 

Prosecuting Attorney, for Appellee.