DocketNumber: No. 2003-A-0131.
Citation Numbers: 2005 Ohio 4655
Judges: COLLEEN MARY O'TOOLE, J.
Filed Date: 9/2/2005
Status: Non-Precedential
Modified Date: 7/6/2016
{¶ 2} The following procedural history is relevant to this appeal. On July 26, 2000, appellant was indicted on one count of burglary, a felony of the second degree, in violation of R.C.
{¶ 3} Approximately six months later, on September 24, 2001, the trial court issued a capias for Anderson's arrest for failure to comply with the requirements of her community control, as her whereabouts were unknown. Eventually, Anderson was arrested on the outstanding warrant for community control sanction violation and transported to the Ashtabula County Jail on October 20, 2003.
{¶ 4} On October 24, 2003, the state filed a complaint to terminate appellant's probation because she violated the conditions of her community control requiring her to "* * * keep [her] supervising officer informed of [her] residence and place of employment * * * [and] obtain permission * * * before changing [her] residence or [her] employment." The complaint further alleged that Anderson failed to report as ordered to the Ashtabula County Office of Adult Parole Authority.
{¶ 5} On November 18, 2003, Anderson waived her right to a probable cause hearing and entered a plea of guilty to violating the terms of her probation. Anderson further waived a final hearing on the matter. On November 18, 2003, the trial court sentenced Anderson to serve a nine-month prison term, with credit for days already served, and further ordered post-release control for up to a period of three years.
{¶ 6} Anderson timely filed a notice of appeal and now asserts the following sole assignment of error:
{¶ 7} "The prison sentence imposed upon the appellant was illegal."
{¶ 8} Initially, we note that Anderson has served her nine-month prison term imposed for her community control violation. The warrant to convey Anderson to the Ohio Reformatory for Women in Marysville, Ohio, was executed on November 28, 2003. Taking into account the 44 days credit for time served, Anderson's nine-month prison term expired by August 2004.
{¶ 9} Anderson presents two issues under her sole assignment of error. Anderson first contends that the trial court violated R.C.
{¶ 10} In State v. Brooks,
{¶ 11} Further, Anderson's second argument that the trial court failed to properly make findings pursuant to R.C.
{¶ 12} This court has adopted a long-standing view that it is unable to grant relief to a defendant who has served his or her sentence if the underlying conviction or plea itself is not an issue. State v. Farmer,
11th Dist. No. 2003-A-0050,
{¶ 13} In the case sub judice, Anderson is not challenging her plea, or conviction, and has served her entire nine-month prison term on which this appeal is based.
{¶ 14} Based upon the foregoing, Anderson's sole assignment of error is rendered moot, and the judgment of the trial court is affirmed.
Ford, P.J., Rice, J., concur.