[Cite as State v. White, 2020-Ohio-1060.]
STATE OF OHIO ) IN THE COURT OF APPEALS
)ss: NINTH JUDICIAL DISTRICT
COUNTY OF MEDINA )
STATE OF OHIO C.A. Nos. 19CA0059-M
19CA0060-M
Appellee
v.
APPEAL FROM JUDGMENT
GREGORY L. WHITE ENTERED IN THE
WADSWORTH MUNICIPAL COURT
Appellant COUNTY OF MEDINA, OHIO
CASE Nos. 18CRB00856
18CRB00893
DECISION AND JOURNAL ENTRY
Dated: March 23, 2020
SCHAFER, Judge.
{¶1} Gregory White appeals his sentences from the Wadsworth Municipal Court. This
Court affirms.
I.
{¶2} In December 2018, Mr. White pleaded guilty to a single count of telephone
harassment in one case and a single count of violation of a temporary protection order in a second
case. Later that same month, the municipal court sentenced him to 180 days in jail for each
offense. It ordered the sentences to run consecutive to each other. Mr. White has appealed his
sentences, arguing that the municipal court abused its discretion when it sentenced him because it
failed to comply with R.C. 2929.22.
II.
THE TRIAL COURT ABUSED ITS DISCRETION AND FAILED TO
COMPLY WITH R.C. 2929.22.
2
{¶3} Mr. White argues that the trial court did not consider the purposes of misdemeanor
sentencing and imposed clearly excessive sentences on him. Upon review of the record, however,
we conclude that Mr. White’s arguments are moot.
{¶4} The Ohio Supreme Court has held that, “[if] a defendant, convicted of a criminal
offense, has voluntarily * * * completed the sentence for that offense, an appeal is moot when no
evidence is offered from which an inference can be drawn that the defendant will suffer some
collateral disability or loss of civil rights from such judgment or conviction.” State v. Wilson, 41
Ohio St.2d 236 (1975), syllabus. The reason an appeal is moot after the sentence is served is
“because there is no subject matter for the court to decide.” In re S.J.K., 114 Ohio St.3d 23, 2007-
Ohio-2621, ¶ 9.
{¶5} In this case, Mr. White is not challenging his convictions, only the length of his
sentences, which totaled 360 days. The court imposed the sentences on December 21, 2018, and
gave Mr. White 72 days of jail time credit. Mr. White did not move for a stay of execution in the
trial court or this Court. According to the State, Mr. White had completed his sentences as of
November 12, 2019. Mr. White has not contested the State’s assertion or argued that he will suffer
a collateral disability or loss of civil rights from his allegedly improper sentences. We, therefore,
conclude that Mr. White’s appeals of his sentences are moot. His assignment of error is overruled
on that basis. See State v. Henry, 9th Dist. Summit No. 25479, 2011-Ohio-3566, ¶ 17.
III.
{¶6} Mr. White’s assignment of error is overruled. The judgments of the Wadsworth
Municipal Court are affirmed.
Judgments affirmed.
3
There were reasonable grounds for this appeal.
We order that a special mandate issue out of this Court, directing the Wadsworth Municipal
Court, County of Medina, 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.
JULIE A. SCHAFER
FOR THE COURT
CALLAHAN, P. J.
TEODOSIO, J.
CONCUR.
APPEARANCES:
WESLEY A. JOHNSTON, Attorney at Law, for Appellant.
THOMAS J. MORRIS, Assistant Director of Law, for Appellee.