[Cite as State v. Riggs, 2018-Ohio-347.]

STATE OF OHIO ) IN THE COURT OF APPEALS 

 )ss: NINTH JUDICIAL DISTRICT 

COUNTY OF MEDINA ) 

STATE OF OHIO 

 Appellee 

 v. 

TAYLOR RIGGS 

 Appellant 

C.A. No. 17CA0011-M 

APPEAL FROM JUDGMENT 

ENTERED IN THE 

COURT OF COMMON PLEAS 

COUNTY OF MEDINA, OHIO 

CASE No. 16 CR 0520 

DECISION AND JOURNAL ENTRY 

Dated: January 29, 2018 

 

CALLAHAN, Judge. 

{¶1} Appellant, Taylor Riggs, appeals from his conviction for assault in the Medina 

County Common Pleas Court. For the reasons set forth below, the appeal is dismissed as moot. 

I. 

{¶2} Mr. Riggs was indicted for felonious assault involving an incident with his former 

girlfriend. The jury found Mr. Riggs not guilty of felonious assault, but guilty of the lesser 

included offense of assault, a misdemeanor in the first degree. On February 1, 2017, Mr. Riggs 

was sentenced to 180 days in the Medina County Jail, with credit for 2 days served, and costs 

were waived. 

{¶3} While serving his jail sentence, Mr. Riggs timely appealed his conviction and 

raised two assignments of error. 
2 

 

II. 

ASSIGNMENT OF ERROR NO. 1

THE TRIAL COURT ERRED BY FAILING TO GRANT A JUDGMENT OF 

ACQUITTAL, PURSUANT TO CRIM.R. 29(A), ON THE CHARGE, AND 

THEREAFTER ENTERING A JUDGMENT OF CONVICTION OF THE 

OFFENSE AS THAT CHARGE WAS NOT SUPPORTED BY SUFFICIENT 

EVIDENCE, IN VIOLATION OF [MR. RIGGS’S] RIGHT TO DUE PROCESS 

OF LAW, AS GUARANTEED BY THE FOURTEENTH AMENDMENT TO 

THE UNITED STATES CONSTITUTION. 

ASSIGNMENT OF ERROR NO. 2

[MR. RIGGS’S] CONVICTION IS AGAINST THE MANIFEST WEIGHT OF 

THE EVIDENCE. 

{¶4} Before this Court can address Mr. Riggs’s assignments of error, it must first 

determine whether his appeal is moot. This Court cannot consider the merits of a case when the 

sentence on a misdemeanor conviction has been served voluntarily and no showing of disability 

has been made. State v. Berndt, 29 Ohio St.3d 3, 4-5 (1987), as modified by State v. Golston, 71 

Ohio St.3d 224 (1994), syllabus; see Cleveland Hts. v. Lewis, 129 Ohio St.3d 389, 2011-Ohio2673, ¶ 18-19. The parties were issued a show cause order to present arguments and evidence as 

to the issue of mootness. Both Mr. Riggs and the State filed responses. 

{¶5} In response to the show cause order, Mr. Riggs argued that his appeal is not 

moot because he served his sentence involuntarily and he could suffer 1 of the 199 different 

collateral consequences as a result of his conviction. This Court disagrees. 

{¶6} Regarding the issue of mootness of an appeal of a misdemeanor conviction, this 

Court has previously stated that 

when 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 stemming 

from the misdemeanor conviction, the appeal is moot. 
3 

 

State v. Boone, 9th Dist. Summit No. 26104, 2013-Ohio-2664, ¶ 7; see State v. Wilson, 41 Ohio 

St.2d 236 (1975), syllabus, as modified by Golston at syllabus. Mr. Riggs does not dispute that 

he completed his misdemeanor sentence, but instead argues he served it involuntarily. 

{¶7} In Lewis, the Ohio Supreme Court “considered what it mean[t] to ‘voluntarily’ 

complete a sentence for purposes of the mootness doctrine,” and whether a misdemeanant must 

seek a stay of execution of sentence in both the trial and appellate court. Id., 129 Ohio St.3d 389, 

2011-Ohio-2673, at ¶ 20. In relation to the voluntariness of serving a sentence, Lewis held that 

[t]he completion of a sentence is not voluntary and will not make an appeal moot 

if the circumstances surrounding it demonstrate that the appellant neither 

acquiesced in the judgment nor abandoned the right to appellate review, that the 

appellant has a substantial stake in the judgment of conviction, and that there is 

subject matter for the appellate court to decide. 

Id. at paragraph one of the syllabus. This Court recognized the following circumstances 

considered by Lewis when analyzing the application of the mootness doctrine to a misdemeanant 

who has completed the sentence: 

“[A] misdemeanant who contests charges at trial and, after being convicted, seeks 

a stay of execution of sentence from the trial court for the purpose of preventing 

an intended appeal from being declared moot and thereafter appeals the 

conviction objectively demonstrates that the sentence is not being served 

voluntarily, because no intent is shown to acquiesce in the judgment or to 

intentionally abandon the right of appeal.” 

State v. Henry, 9th Dist. Summit No. 25479, 2011-Ohio-3566, ¶ 13, quoting Lewis at ¶ 23. 

{¶8} Applying the circumstances considered in Lewis, Mr. Riggs contends his appeal is 

not moot and he did not acquiesce to the judgment as evidenced by the following: 1) he 

“contested the charges by way of a jury trial,” 2) he served his sentence “‘under protest’” 

because he filed a “‘Motion for Halftime Release,’” and 3) he filed a timely appeal. While Mr. 

Riggs contested the charge by proceeding to a jury trial and timely filed an appeal, he failed to 

seek a stay of execution of his sentence to prevent his appeal from becoming moot. Mr. Riggs’s 
4 

 

“‘Motion for Halftime Release,’” filed two and one-half months after his appeal, requested an 

“early release” from jail so that he could “begin putting [his] life back together” and not a stay of 

execution of his sentence for appeal purposes. Accordingly, Mr. Riggs has failed to demonstrate 

that he served his sentence involuntarily. See Lewis at ¶ 23. 

{¶9} As to the collateral disability, the Ohio Supreme Court has held that the 

misdemeanant must present evidence that “he has such a substantial stake in the judgment of 

conviction which survives the satisfaction of the judgment imposed on him.” Wilson, 41 Ohio 

St.2d at 237; see also Berndt, 29 Ohio St.3d at 4. This burden is satisfied by “offer[ing] evidence 

from which an inference can be drawn that [the misdemeanant] will suffer some collateral legal 

disability or loss of civil rights.” Berndt at 4. Mr. Riggs did not present any such evidence. See 

id.

{¶10} Instead, Mr. Riggs contends “[a]s to collateral consequences, it has been said that 

any criminal conviction can subject a defendant up to 199 different types of loss of 

benefits/rights.” While collateral consequences stemming from a misdemeanor conviction are 

generally recognized, Mr. Riggs did not identify any particular consequence that he will suffer as 

a result of his assault conviction. See Lewis at ¶ 28-33 (Lundberg Stratton, J., concurring); see 

also State v. Farris, 1st Dist. Hamilton No. C-150567, 2016-Ohio-5527, ¶ 6-7. 

{¶11} Because Mr. Riggs voluntarily served his sentence and has not shown that he 

actually suffered a collateral consequence from his conviction, this Court cannot consider his 

appeal. See Henry, 2011-Ohio-3566, at ¶ 17. 
5 

 

III. 

{¶12} Mr. Riggs’s appeal is moot and dismissed. 

Appeal dismissed. 

 

 Immediately upon the filing hereof, this document shall constitute the journal entry of 

judgment, and it shall be file stamped by the Clerk of the Court of Appeals at which time the 

period for review shall begin to run. App.R. 22(C). The Clerk of the Court of Appeals is 

instructed to mail a notice of entry of this judgment to the parties and to make a notation of the 

mailing in the docket, pursuant to App.R. 30. 

 Costs taxed to Appellant. 

 

 LYNNE S. CALLAHAN 

 FOR THE COURT 

HENSAL, P. J. 

CARR, J. 

CONCUR. 

APPEARANCES: 

THOMAS REIN, Attorney at Law, for Appellant. 

S. FORREST THOMPSON, Prosecuting Attorney, and VINCENT V. VIGLUICCI, Assistant 

Prosecuting Attorney, for Appellee.