[Cite as State v. Jones , 2020-Ohio-4033.]

Atty. Paul J. Gains , Mahoning County Prosecutor, 21 West Boardman Street, 6th Floo r, Youngstown, Ohio 44503, and Atty. Kathleen Thompson , City of Youngstown Assistant Prosecutor, 9 West Front Street, 3 rd Floor, Youngstown, Ohio 44503, for PlaintiffAppellee (No Brief Filed) and Atty. Cynthia Henry, P.O. Box 4332, Youngstown, Ohio 44515, for DefendantAppellant. 

## IN THE COURT OF APPEALS OF OHIO
SEVENTH APPELLATE DISTRICT MAHONING COUNTY STATE OF OHIO, CIT Y OF YOUNGSTOWN, Plaintiff-Appellee,

v. KENDALL JONES, Defendant-Appellant.

OPINION AND JUDGMENT ENTRY Case Nos. 18 MA 0096, 18 MA 0097

Criminal Appeal from the Youngstown Municipal Court of Mahoning County, Ohio Case Nos. 17 CRB 635, 18 CRB 773, 18 CRB 874
BEFORE: David A. D’Apolito, Cher y l L. Waite, Carol Ann Robb, Jud g es.

JUDGMENT: Dismissed as Moot.– 2 –

Case Nos. 18 MA 0096, 18 MA 0097 Dated: Au g ust 7, 2020 D’Apolito, J. {¶1} Appellant, Kendall Jones, appeals from the July 31, 2018 judgme nts of the Youngstown Municipal Court sentencing him to incarceration in t he Mahoning County Justice Center for possession of drugs, Case Nos. 18 CRB 773 an d 18 CRB 874, and for violating the terms of community control, Case No. 17 CRB 635. On appeal, Appellant takes issue with his sentence. However, Appellant completed hi s sentence and was released from jail on March 5, 2020. Accordingly, because Appe llant has already served his sentence, these appeals are dismissed as moot.

FACTS AND PROCEDURAL HISTORY {¶2} Beginning on April 30, 2018, criminal complaints were filed aga inst Appellant, in Case Nos. 18 CRB 773 and 18 CRB 874, on two count s of possession of drugs, misdemeanors of the first degree, in violation of R.C. 2 925.11(A) and (C)(2)(a), and for falsification, a misdemeanor of the first degree, in vi olation of R.C. 2921.13(A)(3). Notices that Appellant was on community control, in Case No. 17 CRB 635, were also filed. 1 Appellant was appointed counsel and filed time waivers. {¶3} On June 8, 2018, Appellant stipulated to probable cause for the community control violation in Case No. 17 CRB 635. On July 31, 2018, Ap pellant filed oral and written pleas of guilty to the two possession of drugs charges in Case Nos. 18 CRB 773 and 18 CRB 874. The trial court accepted Appellant’s guilty pl eas, concurrently sentenced him to 180 days in jail on each of the possession of drugs charges, and dismissed the falsification charge in Case No. 18 CRB 773. In Case No. 18 CRB 874,

1 In Case No. 17 CRB 635, criminal complaints were filed against Appellant on April 10, 2017, for obstructing official business, a misdemeanor of the second degree, in viola tion of R.C. 2921.31(A); falsification, a misdemeanor of the first degree, in violation of R.C. 2921.13(A )(3); and possession of drugs, a misdemeanor of the first degree, in violation of R.C. 2925.11(A ) and (C)(2)(a). On April 20, 2017, Appellant pled guilty to falsification and possession of drugs. The tria l court dismissed the obstructing official business charge. A community control violation notification was filed o n December 5, 2017. On May 29, 2018, a judgment entry was filed noting that Appellant was arrested on new charges and on a capias for a community control violation.– 3 –

Case Nos. 18 MA 0096, 18 MA 0097 Appellant was given 64 days of jail-time credit. In Case No. 1 7 CRB 635, Appellant was sentenced to a total of 330 days in jail for the community cont rol violation. {¶4} Appellant filed timely appeals and raises three assignments of error. 2

ASSIGNMENT OF ERROR NO. 1

THE TRIAL COURT ERRED BY FAILING TO GRANT CREDIT FOR ALL THE TIME THE APPELLANT SERVED WHILE AWAITING HEARING OF THE PROBATION VIOLATION CHARGES PURSUANT TO R.C. 2967.191.

ASSIGNMENT OF ERROR NO. 2

THE APPELLANT WAS SENTENCED CONCURRENTLY ON MULTIPLE CHARGES AND IS ENTITLE[D] TO HAVE CREDIT FOR TIME SERVED APPLIED TOWARD ALL TERMS.

ASSIGNMENT OF ERROR NO. 3 THE TRIAL COURT ABUSED [ITS] DISCRETION BY IMPOSING A SENTENCE DISPROPORTIONATE, CONTRARY TO LAW IN VIOLATION OF R.C. 2929.21, AND IN VIOLATION OF THE DUE PROCESS AND EQUAL PROTECTION CLAUSE[S] OF THE OHIO AND UNITED STATES CONSTITUTIONS. {¶5} Because Appellant’s three assignments of error all take issue w ith his sentence, we will address them together. Once a defendant has already served his term of incarceration, the merits of arguments relating to his sentence become moot. See State v. Merritt , 7th Dist. Jefferson No. 09 JE 26, 2011-Ohio-1468, ¶ 50; State v. McCall , 7th Dist. Mahoning No. 03 MA 82, 2004-Ohio-4026, ¶ 7-9; State v. Johnson , 2d Dist. Montgomery No. 27140, 2017-Ohio-4323, ¶ 9-10; State v. McKinnon , 4th Dist. Ross No. 12CA3337, 2013-Ohio-2324, ¶ 11-13; State

2 Appellant never requested a stay. Appellee, the State of Ohio, City of Youngstown, did not file briefs.– 4 –

Case Nos. 18 MA 0096, 18 MA 0097 v. Moore , 8th Dist. Cuyahoga No. 106647, 2018-Ohio-4778, ¶ 27; State v. Johnson , 11th Dist. Lake No. 2005-L-208, 2007-Ohio-780, ¶ 7. “‘The pro per response to a moot appeal is the dismissal of the appeal.’” State v. McKeever , 7th Dist. Mahoning No. 17 MA 0038, 2017-Ohio-9387, ¶ 10, quoting Freedom Mtge Corp. v. Boston , 7th Dist. Columbiana No. 14 CO 0036, 2016-Ohio-7016, ¶ 9, citing Cincinnati Gas & Elec. Co. v. Pub. Util. Comm. , 103 Ohio St.3d 398, 2004-Ohio-5466, 816 N.E.2d 238, ¶ 28.

State v. Cline , 7th Dist. Monroe No. 18 MO 0007, 2019-Ohio-3476, ¶ 7; see also State v. Delauder , 7th Dist. Columbiana No. 18 CO 0028, 2019-Ohio-1678, ¶ 8, quo ting McKeever, supra, at ¶ 8 (“‘Courts have generally held that once the defendant ha s been released from prison, the merits of arguments relating to the t rial court’s calculation of his jail-time credit become moot.’”) {¶6} There is no evidence that Appellant, Inmate No. 51805, is curre ntly incarcerated in Ohio. In addition, the Mahoning County Justice Center has confirmed that Appellant was released on March 5, 2020. “Absent any facts to the contrary we must presume regularity and assume that [Appellant] has completed hi s sentence.” McCall, supra, at ¶ 7. {¶7} Thus, because Appellant has completed his sentence in these cas es, his arguments concerning the length of his sentence and jail-time c redit are moot.

CONCLUSION {¶8} For the foregoing reasons, Appellant’s appeals from the July 31 , 2018 judgments of the Youngstown Municipal Court sentencing him to i ncarceration in the Mahoning County Justice Center for possession of drugs, Case No s. 18 CRB 773 and 18 CRB 874, and for violating the terms of community control, Case No. 17 CRB 635, are dismissed as moot.

Waite, P.J., concurs. Robb, J., concurs.[Cite as State v. Jones , 2020-Ohio-4033.]

For the reasons stated in the Opinion rendered herein, it is th e final judgment and order of this Court that the judgments of the Youngstown Mu nicipal Court of Mahoning County, Ohio, are dismissed as moot. Costs to be waiv ed. A certified copy of this opinion and judgment entry shall const itute the mandate in this case pursuant to Rule 27 of the Rules of Appellate Proc edure. It is ordered that a certified copy be sent by the clerk to the trial court to car ry this judgment into execution.

NOTICE TO COUNSEL This document constitutes a final judgment entry.