[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, Jermai ne 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 violati on 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 whic h 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. Th is Court granted Mr.

Brooks’ motions.

II. {¶4} On October 30, 2013, appella te counsel filed a brief pursuant to Anders v. California , 386 U.S. 738 (1967), stating that he had revi ewed 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 i ndicates that Mr. Brooks was served with a copy of appellate counsel’s brief, and this Court issued a magistra te’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 ex amination 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.3

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 manda te, pursuant to App.R. 27. Immediately upon the filing hereof, this docum ent 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.