[Cite as State v. Stuart, 2017-Ohio-8572.]

Court of Appeals of Ohio 

EIGHTH APPELLATE DISTRICT 

COUNTY OF CUYAHOGA 

JOURNAL ENTRY AND OPINION 

No. 105050

STATE OF OHIO

PLAINTIFF-APPELLEE 

vs. 

BILLY D. STUART 

DEFENDANT-APPELLANT 

JUDGMENT: 

DISMISSED 

Criminal Appeal from the 

Cuyahoga County Court of Common Pleas 

Case No. CR-16-605031-A 

BEFORE: Keough, A.J., S. Gallagher, J., and Celebrezze, J. 

RELEASED AND JOURNALIZED: November 16, 2017 
ATTORNEY FOR APPELLANT

Ronald A. Skingle 

6505 Rockside Road, Suite 320 

Independence, Ohio 44131 

APPELLANT

Billy D. Stuart, pro se 

Inmate No. 684-872 

Trumbull Correctional Institution 

P.O. Box 901 

Leavittsburg, Ohio 44430 

ATTORNEY FOR APPELLEE

Michael C. O’Malley 

Cuyahoga County Prosecutor 

The Justice Center, 9th Floor 

1200 Ontario Street 

Cleveland, Ohio 44113 
KATHLEEN ANN KEOUGH, A.J.: 

{¶1} Defendant-appellant, Billy Stuart, appeals his conviction following a guilty plea. 

Stuart was granted a delayed appeal, and we appointed appellate counsel. Counsel filed a brief 

pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and 

requested leave to withdraw, claiming any potential assignment of error would be wholly 

frivolous. This court held counsel’s motion in abeyance pending our independent review of the 

record, and provided Stuart an opportunity to file a pro se brief, which he failed to do. After 

thoroughly examining the record, we concur with counsel’s assessment and grant counsel’s 

motion to withdraw and dismiss the appeal. 

{¶2} In 2016, Stuart was indicted with two counts of trafficking (Counts 1 and 3) and 

drug possession (Counts 2 and 4), and one count each of having weapons while under disability 

(Count 5), carrying a concealed weapon (Count 6), and possession of criminal tools (Count 7). 

The trafficking charges carried a one-year firearm specification, and all counts requested 

forfeiture. Following voir dire, Stuart entered into a plea agreement with the state, agreeing to 

plead guilty to both counts of trafficking and attendant one-year firearm specifications and 

forfeiture requests, and having weapons while under disability with an agreement to forfeit the 

weapon involved. All other counts were nolled. The trial court sentenced Stuart to a total of 

six years in prison, and advised him that he would be subject to a mandatory five years of 

postrelease control. Stuart was also ordered to pay a mandatory $10,000 fine. 

{¶3} In Anders, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493, the United States Supreme 

Court held that if counsel thoroughly reviews the record and concludes that the appeal is “wholly 

frivolous,” counsel may advise the court of that fact and request permission to withdraw from the 

case. Id. at 744. Counsel’s request to withdraw must “be accompanied by a brief referring to 
anything in the record that might arguably support the [a]ppeal.” Id. Counsel must also furnish a 

copy of the brief to his client in sufficient time to allow the appellant to file his own brief, pro se. 

Id. See also Loc.App.R. 16(C). 

{¶4} In this case, appointed counsel complied with the Anders requirements and those of 

Loc.App.R. 16(C). Counsel states in his brief that after reviewing the entire record, he could not 

identify any prejudicial error or nonfrivolous issues to raise on direct appeal. Specifically, 

counsel (1) reviewed the record for compliance with Crim.R. 11 relative to the requirements for a 

knowing, voluntary, and intelligent plea and found no deviations from the requirements of the 

rule; and (2) considered the sentencing proceedings and found no sentencing errors. 

{¶5} Pursuant to Loc.App.R. 16(C) and Anders, this court has conducted an independent 

examination of the record to determine if there are any issues of arguable merit. Anders

instructs that if the appellate court determines that the appeal would be “wholly frivolous” (i.e., 

there are no legal points of arguable merit), the court may grant counsel’s request to withdraw 

and dismiss the appeal. If, however, the court finds any legal points arguable on their merits, the 

court must afford appellant the assistance of counsel before deciding the merits of the case. 

Anders, 386 U.S. at 744, 87 S.Ct. 1396, 18 L.Ed.2d 493. 

{¶6} Upon a complete review of the record, this court agrees that no prejudicial error 

occurred in the lower court, and any appeal on Stuart’s behalf would be frivolous. Accordingly, 

the motion of appointed counsel to withdraw is granted, and the appeal is dismissed 

It is ordered that appellee recover from appellant costs herein taxed. 

A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the 

Rules of Appellate Procedure. 
 

KATHLEEN ANN KEOUGH, ADMINISTRATIVE JUDGE 

SEAN C. GALLAGHER, J., and 

FRANK D. CELEBREZZE, JR., J., CONCUR