[Cite as State v. Mauldin, 2017-Ohio-1549.]

Court of Appeals of Ohio

 EIGHTH APPELLATE DISTRICT 

 COUNTY OF CUYAHOGA 

 JOURNAL ENTRY AND OPINION

 No. 104540 

STATE OF OHIO

PLAINTIFF-APPELLEE

vs.

RICKEY L. MAULDIN

DEFENDANT-APPELLANT 

JUDGMENT:

DISMISSED

Criminal Appeal from the 

Cuyahoga County Court of Common Pleas 

Case Nos. CR-15-598609-A and CR-15-600187-A 

BEFORE: Kilbane, P.J., Blackmon, J., and Laster Mays, J. 

RELEASED AND JOURNALIZED: April 27, 2017 
ATTORNEY FOR APPELLANT

Erin R. Flanagan 

Erin R. Flanagan, Esq. Ltd. 

75 Public Square 

Suite 1325 

Cleveland, Ohio 44113 

ATTORNEYS FOR APPELLEE

Michael C. O’Malley 

Cuyahoga County Prosecutor 

Kelly Needham 

Assistant County Prosecutor 

The Justice Center - 9th Floor 

1200 Ontario Street 

Cleveland, Ohio 44113 
MARY EILEEN KILBANE, P.J.: 

{¶1} Defendant-appellant, Rickey Mauldin (“Mauldin”), appeals his sentence 

resulting from his escape conviction. For the reasons set forth below, we dismiss the 

appeal as moot. 

{¶2} In September 2015, Mauldin was charged in a five-count indictment in 

Cuyahoga C.P. No. CR-15-598609-A. Count 1 charged him with trafficking, Counts 2 

and 3 charged him with drug possession, Count 4 charged him with possessing criminal 

tools, and Count 5 charged him with falsification. 1 In October 2015, Mauldin was 

charged in Cuyahoga C.P. No. CR-15-600187-A with escape. 

{¶3} In April 2016, Mauldin pled guilty to amended counts in both cases. In 

Case Number CR-15-598609-A, Mauldin pled guilty to both Counts 2 and 3 of the 

indictment, and the remaining counts were nolled. In Case Number CR-15-600187-A, 

Mauldin pled guilty to escape, which was amended from a fifth-degree felony to a 

first-degree misdemeanor. 

{¶4} The trial court sentenced Mauldin to 12 months in prison on each count in 

Case Number CR-15-598609-A, to be served concurrently to each other and Case 

Number CR-15-600187-A. In CR-15-600187, Mauldin was sentenced to three years of 

community control sanctions, which included a term of inpatient treatment at the Nancy 

R. McDonnell Community Based Correctional Facility (“CBCF”), followed by 

 1Counts 1-4 carried various forfeiture specifications.
participation in the home detention GPS monitoring unit for six months after his release 

from CBCF. 

{¶5} Mauldin now appeals his escape sentence, raising the following two errors 

for review. 

Assignment of Error One 

The trial court erred when it imposed upon a first-degree misdemeanor a 

sentence of three or six months of programming at [CBCF] and six months 

of home detention/GPS monitoring. 

Assignment of Error Two 

The trial court erred when it issued a nunc pro tunc journal entry that 

modified the punishment it had pronounced at the sentencing hearing. 

{¶6} Within these assigned errors, Mauldin argues that the trial court imposed a 

sentence in excess of that allowed by law when it sentenced him to “three or six months” 

at CBCF followed by six months of home detention GPS monitoring. Mauldin further 

argues the trial court improperly modified his sentence through a nunc pro tunc entry. 

{¶7} During the pendency of this appeal, however, the trial court terminated 

Mauldin’s probation and placed him on postrelease control. The trial court ordered that 

Mauldin be released. At appellate oral argument, both Mauldin and the state of Ohio 

conceded that the appeal is moot in light of the termination of Mauldin’s probation. 

{¶8} Based on the foregoing, Mauldin’s assignments of error are moot. 

{¶9} Accordingly, the matter is dismissed. 

It is ordered that appellee recover of appellant costs herein taxed. 

The court finds there were reasonable grounds for this appeal. 
It is ordered that a special mandate issue out of this court directing the common 

pleas court to carry this judgment into execution. 

A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of 

the Rules of Appellate Procedure. 

 

 

MARY EILEEN KILBANE, PRESIDING JUDGE 

PATRICIA A. BLACKMON, J., and 

ANITA LASTER MAYS, J., CONCUR