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STATE v. SEARCY, 2010 Ohio 6044 (2010)

Court: Court of Appeals of Ohio Number: inohco20101210591 Visitors: 3
Filed: Dec. 10, 2010
Latest Update: Dec. 10, 2010
Summary: DECISION AND JUDGMENT COSME, J. { 1} It has come to the attention of this court that appointed counsel in this case has filed an Anders brief but has not addressed the judgment issued on August 19, 2009, or the issue on appeal, i.e., the August 19, 2009 denial of appellant's motion for resentencing pursuant to State v. Bezak, 114 Ohio St.3d 94 . Therefore, we hereby grant appellate counsel's motion to withdraw and will appoint new counsel for the purpose of addressing the judgment on w
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DECISION AND JUDGMENT

COSME, J.

{¶ 1} It has come to the attention of this court that appointed counsel in this case has filed an Anders brief but has not addressed the judgment issued on August 19, 2009, or the issue on appeal, i.e., the August 19, 2009 denial of appellant's motion for resentencing pursuant to State v. Bezak, 114 Ohio St.3d 94. Therefore, we hereby grant appellate counsel's motion to withdraw and will appoint new counsel for the purpose of addressing the judgment on which this appeal is based.

{¶ 2} Jack Brady, 4052 Holland-Sylvania Road, Toledo, Ohio, 43623, is hereby appointed as counsel to represent appellant in his appeal from the August 19, 2009 denial of his motion for resentencing. Since the record in this case has already been filed, new counsel has 20 days from the date of this order to file a brief.

MOTION GRANTED.

Peter M. Handwork, J., Mark L. Pietrykowski, J. and Keila D. Cosme, J., concur.

Source:  Leagle

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