State v. Rivard

[Cite as State v. Rivard, 2013-Ohio-4178.]
COURT OF APPEALS
ASHLAND COUNTY, OHIO
FIFTH APPELLATE DISTRICT
STATE OF OHIO : JUDGES:
:
: Hon. William B. Hoffman, P.J.
Plaintiff - Appellee : Hon. Sheila G. Farmer, J.
: Hon. Craig R. Baldwin, J.
:
-vs- :
:
KASSIDY M. RIVARD : Case No. 13-COA-007
:
:
Defendant - Appellant : OPINION
CHARACTER OF PROCEEDING: Appeal from the Ashland County
Court of Common Pleas, Case No.
12-CRI-061
JUDGMENT: Dismissed
DATE OF JUDGMENT: September 23, 2013
APPEARANCES:
For Plaintiff-Appellee For Defendant-Appellant
RAMONA FRANCESCONI ROGERS MATTHEW MALONE
Ashland County Prosecutor 11 1/2 E. Second Street
PAUL T. LANGE Ashland, OH 44805
Assistant Prosecuting Attorney
110 Cottage Street, Third Floor
Ashland, OH 44805
Ashland County, Case No. 13-COA-0007 2
Baldwin, J.
{¶1} Defendant-appellant Kassidy M. Rivard appeals her sentence from the
Ashland County Court of Common Pleas. Plaintiff-appellee is the State of Ohio.
STATEMENT OF THE FACTS AND CASE
{¶2} On May 24, 2012, the Ashland County Grand Jury indicted appellant on
one count of illegal processing of drug documents in violation of R.C. 2925.23(B)(1), a
felony of the fifth degree, and one count of illegal processing of drug documents in
violation of R.C. 2925.23(A), also a felony of the fifth degree. At her arraignment on May
31, 2012, appellant entered a plea of not guilty to the charges.
{¶3} Thereafter, on November 19, 2012, appellant withdrew her former not
guilty plea and entered a plea of guilty to the charge of illegal processing of drug
documents in violation of R.C. 2925.23(A). The remaining charge was dismissed. As
memorialized in a Judgment Entry filed on January 23, 2013, appellant was sentenced
to six (6) months in prison and fined $500.00. In addition, appellant’s operator’s license
was suspended for a period of five (5) years. The trial court denied appellant’s motion
for a stay of execution. A Nunc Pro Tunc Judgment Entry was filed on February 5, 2013.
{¶4} Appellant now raises the following assignment of error on appeal:
{¶5} THE COURT OF COMMON PLEAS OF ASHLAND COUNTY, OHIO
IMPOSED A SENTENCE UPON DEFENDANT/APPELLANT THAT WAS CLEARLY
AND CONVINCINGLY CONTRARY TO LAW AND/OR AN ABUSE OF SAID COURT’S
DISCRETION.
I
Ashland County, Case No. 13-COA-0007 3
{¶6} Appellant, in her sole assignment of error, challenges the length of her
sentence.
{¶7} Because appellant has completed the sentence imposed by the Ashland
County Common Pleas Court, the issue for determination is whether appellant's appeal
in this matter is moot.
{¶8} An appeal challenging a conviction is not moot even if the entire sentence
has been served before the appeal is heard, because “[a] person convicted of a felony
has a substantial stake in the judgment of conviction which survives the satisfaction of
the judgment imposed upon him or her.” State v. Golston, 71 Ohio St.3d 224, 1994-
Ohio-109, 643 N.E.2d 109, paragraph one of the syllabus. “However, this logic does not
apply if appellant is appealing solely on the issue of the length of his sentence and not
on the underlying conviction. If an individual has already served his sentence, there is
no collateral disability or 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.” State
v. Campbell, 166 Ohio App.3d 363, 2006-Ohio-2294, 850 N.E.2d 799, paragraph eight,
citing State v. Beamon, 11th Dist. Lake No.2000-L-160, 2001-Ohio-8712.
Ashland County, Case No. 13-COA-0007 4
{¶9} Appellant, who has already served her sentence, is not challenging her
underlying conviction. While appellant requests that the case be remanded for
resentencing, an appeal in her favor would grant her no relief as she has already been
released from incarceration on this charge. Appellant's assignment of error is, therefore,
moot. The appeal from the judgment of the Ashland County Court of Common Pleas is
dismissed. See, for example, State v. Howell, 5th Dist. Stark No. 2001CA00346, 2002-
Ohio-3947.
By: Baldwin, J.
Hoffman, P. J. and
Farmer, J. concur.
HON. CRAIG R. BALDWIN
HON. WILLIAM B. HOFFMAN
HON. SHEILA G. FARMER
CRB/dr
[Cite as State v. Rivard, 2013-Ohio-4178.]
IN THE COURT OF APPEALS FOR ASHLAND COUNTY, OHIO
FIFTH APPELLATE DISTRICT
STATE OF OHIO :
:
Plaintiff - Appellee :
:
-vs- : JUDGMENT ENTRY
:
KASSIDY M. RIVARD :
:
Defendant - Appellant : CASE NO. 13-COA-007
For the reasons stated in our accompanying Memorandum-Opinion, the appeal is
dismissed. Costs assessed to appellant.
HON. CRAIG R. BALDWIN
HON. WILLIAM B. HOFFMAN
HON. SHEILA G. FARMER