Court of Appeals of Ohio, Seventh District, Monroe
Criminal Appeal from the Monroe County Court of Monroe
County, Ohio Case No. CRB1700188A
James L. Peters, Monroe County Prosecutor, for
Plaintiff-Appellee (No Brief Filed).
Cline, Pro Se, for Defendant-Appellant.
BEFORE: David A. D'Apolito, Gene Donofrio, Carol Ann
OPINION AND JUDGMENT ENTRY
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.
AND PROCEDURAL HISTORY
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
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.
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.
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.
Appellant filed a pro se appeal and raises one assignment of