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State v. Smith9/30/2004
Judgment: Appeal dismissed.
{ } This appeal arises from the Lake County Court of Common Pleas, wherein appellant, Jonas L. Smith, pled guilty to one count of misuse of credit cards and one count of forgery.
{ } The charges in the instant case stem from Smith buying a stolen credit card and subsequently using it to purchase approximately $1,200 in merchandise. The merchandise was subsequently recovered.
{ } On February 15, 2002, Smith was indicted by the Lake County Grand Jury on one count of misuse of credit cards, a felony in the fifth degree; one count of receiving stolen property, a felony in the fifth degree; one count of falsification in a theft offense, a felony of the fifth degree; one count of theft, a felony of the fifth degree; and one count of forgery, a felony in the fifth degree.
{ } Smith waived his right to be present at his arraignment, and the trial court entered a not guilty plea on his behalf to all the charges. Smith subsequently withdrew his not guilty plea and entered a plea of guilty to one count of misuse of credit cards and one count of forgery. A nolle prosequi was entered on the remaining counts in the indictment.
{ } On June 27, 2002, Smith was sentenced to three years community control. As part of the community control sanction, Smith participated in the Northeast Ohio Community Alternative Program (NEOCAP). On December 30, 2002, the state filed a motion to terminate community control as Smith had been discharged from his job. The discharge was the result of sexual harassment allegations made against Smith by a female co-worker.
{ } Smith entered a plea of guilty to the charge of violating the terms of his community control. The trial court accepted Smith's guilty plea and sentenced him to eleven months imprisonment on the misuse of credit cards count, and six months imprisonment on the forgery count, to be served consecutive to each other, with credit for two hundred fifty-five days for time already served.
{ } On March 10, 2003, Smith filed a motion for bail pending appeal, pursuant to Crim.R. 46 and App.R. 8. Smith contended that as he was sentenced to eleven months imprisonment and six months imprisonment respectively, on each count, with two hundred fifty-five days credit for time served, he would complete his prison sentence before his appeal was concluded. The state filed a motion in opposition. The trial court subsequently denied Smith's motion for bail in a judgment entry dated April 10, 2003.
{ } Smith presents a single assignment of error on appeal:
{ } "The trial court erred to the prejudice of the defendant-appellant when it ordered consecutive sentences."
{ } The trial court denied Smith's motion for bail pending appeal. Moreover, Smith began serving his prison sentence on January 24, 2003, with two hundred fifty-five days credit for time served. Thus, Smith completed his prison sentence at the time this appeal was heard in March 2004.
{ } "If an individual has already served his sentence, there is no collateral disability of loss of civil rights that can be remedied by a modification of the length of that sentence in the absence of a reversal of the underlying conviction. Therefore, * no relief can be granted by this court subsequent to the completion of the sentence if the underlying conviction itself is not at issue."
{ } Therefore, Smith's assignment of error relating to the imposition of consecutive sentences is hereby rendered moot.
{ } Although Smith's assignment of error is moot, we would note that the trial court fully complied with the statutory mandates. Smith contends that
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