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State v. Cline

Court of Appeals of Ohio, Seventh District, Monroe

August 28, 2019

STATE OF OHIO, Plaintiff-Appellee,
v.
ROGER CLINE, Defendant-Appellant.

          Criminal Appeal from the Monroe County Court of Monroe County, Ohio Case No. CRB1700188A

         JUDGMENT: Dismissed.

          Atty. James L. Peters, Monroe County Prosecutor, for Plaintiff-Appellee (No Brief Filed).

          Roger Cline, Pro Se, for Defendant-Appellant.

          BEFORE: David A. D'Apolito, Gene Donofrio, Carol Ann Robb, Judges.

          OPINION AND JUDGMENT ENTRY

          D'APOLITO, J.

         {¶1} Pro se Appellant, Roger Cline, appeals from the March 20, 2018 judgment of the Monroe County Court, denying his motion to correct void sentence. On appeal, Appellant takes issue with his sentence, alleging that he was forced to serve five additional days. Appellant completed his sentence in this case in November 2017. Because Appellant has already served his sentence, this appeal is moot.

         FACTS AND PROCEDURAL HISTORY

         {¶2} On July 28, 2017, Appellee, the State of Ohio, filed a criminal complaint against Appellant on two counts: count one, domestic violence, a misdemeanor of the first degree, in violation of R.C. 2919.25(A); and count two, domestic violence, a misdemeanor of the fourth degree, in violation of R.C. 2919.25(C). Appellant initially pleaded not guilty at his arraignment.

         {¶3} Thereafter, Appellant entered into a plea agreement with the State. Following a change of plea hearing, Appellant withdrew his former not guilty plea and entered a plea of no contest. The trial court accepted Appellant's plea and dismissed count two. On October 3, 2017, the court sentenced Appellant to 180 days in jail, 60 days suspended and 62 days credited. Appellant was discharged on November 30, 2017.

         {¶4} After his discharge from jail in this case and while incarcerated at a West Virginia facility in another matter, Appellant filed a motion to correct void sentence on March 6, 2018. Appellant claims he was forced to serve five extra days in this case and that his discharge date should have been November 25, 2017 rather than November 30, 2017. On March 20, 2018, the trial court determined Appellant's sentence is not void and denied his motion.

         {¶5} Appellant also filed a motion for an extradition hearing. The trial court denied Appellant's motion after finding that he has already served his Ohio imposed sentence in this case and was simply transferred to West Virginia to complete a sentence imposed in another matter by that state.

         {¶6} Appellant filed a pro se appeal and raises one assignment of error.[1]

         ASSIGNMENT ...


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