FROM JUDGMENT ENTERED IN THE WAYNE COUNTY MUNICIPAL COURT
COUNTY OF WAYNE, OHIO CASE No. 2017 CR-B 001659
A. JOHNSTON, Attorney at Law, for Appellant.
R. LUTZ, Prosecuting Attorney, and ANDREA D. UHLER, Assistant
Prosecuting Attorney, for Appellee.
DECISION AND JOURNAL ENTRY
TEODOSIO, PRESIDING JUDGE.
Appellant, Arron Michael Carnahan, appeals from his
conviction for domestic violence in the Wayne County
Municipal Court. This Court affirms.
Mr. Carnahan and the victim ("K.C") were married
and living together in Orrville with their three children. On
September 7, 2017, the couple became engaged in an argument
with each other over K.C.'s decision to go out with her
friends that evening. K.C. returned home later that night and
slept on the couch. The following morning, the argument
briefly resumed until the children were sent off to school.
Once the children were gone, the argument turned physical
after Mr. Carnahan demanded K.C.'s car keys and she
refused. K.C. eventually called 911 and police responded to
the scene. K.C. was later transported to the emergency room
by ambulance and was treated for her injuries.
Mr. Carnahan was charged with one count of domestic violence,
a misdemeanor of the first degree. Following a bench trial,
the trial court found him guilty and ordered a presentence
investigation report. The court later sentenced him to 180
days in jail and ordered him to pay a $750.00 fine and court
costs. Mr. Carnahan never sought a stay of execution of his
sentence pending appeal. He has since completed his jail
sentence, but has not yet paid his fine or court costs.
Mr. Carnahan now appeals from his conviction and raises two
assignments of error for this Court's review.
As a preliminary matter, we must first address the
State's contention that this appeal is moot because Mr.
Carnahan has completed his sentence. "As a general rule,
courts will not resolve issues which are moot."
Boncek v. Stewart, 9th Dist. Summit No. 21054,
2002-Ohio-5778, ¶ 10. See also Cleveland Hts. v.
Lewis, 29 Ohio St.3d 389');">129 Ohio St.3d 389, 2011-Ohio-2673, ¶ 18
("[I]t is reversible error for an appellate court to
consider the merits of an appeal that has become moot after
the defendant has voluntarily satisfied the sentence * *
*."). "A case is moot if it involves 'no actual
genuine controversy which can definitely affect the
parties' existing legal relationship.'"
State v. Ross, 9th Dist. Lorain No. 18CA011284,
2019-Ohio-323, ¶ 6, quoting Harris v. Akron,
9th Dist. Summit No. 24499, 2009-Ohio-3865, ¶ 7.
The Supreme Court of Ohio has held:
Where a defendant, convicted of a criminal [misdemeanor]
offense, has voluntarily paid the fine or 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.
See also State v. Berndt, 29 Ohio St.3d 3, 4 (1987);
State v. Golston, 71 Ohio St.3d 224, 227 (1994)
("[T]he test for mootness outlined in Wilson
and Berndt applies only to appeals from misdemeanor
convictions"). This Court has likewise held:
[W]hen an appellant completes a misdemeanor sentence without
requesting a stay pending appeal and does not offer evidence
from which this Court could infer that the appellant would
suffer collateral disability or loss of civil rights ...