COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 60137, 60138 STATE OF OHIO : : : PLAINTIFF-APPELLEE : JOURNAL ENTRY : v. : AND : : OPINION GARY A. STOVALL : : : DEFENDANT-APPELLANT : DATE OF ANNOUNCEMENT OF DECISION: JULY 2, 1992 CHARACTER OF PROCEEDING: Criminal appeal from Common Pleas Court, Case Nos. CR-224245 and CR-227875. JUDGMENT: DISMISSED. DATE OF JOURNALIZATION: APPEARANCES: For Plaintiff-appellee: Stephanie Tubbs Jones Cuyahoga County Prosecutor David Zimmerman Assistant County Prosecutor The Justice Center 1200 Ontario Street Cleveland, Ohio 44113 For Defendant-appellant: Hyman Friedman County Public Defender Margaret Oshuns Isquick Assistant Public Defender 1276 West Third Street, #307 Cleveland, Ohio 44113-1569 - 2 - SWEENEY, JAMES D., J.: Defendant-appellant Gary A. Stovall ("Stovall") appeals from his plea of guilty finding him to be a probation violator. For the reasons adduced below, we dismiss appellant's appeals. A review of the record reveals that Stovall pled guilty to one count of drug abuse (metamethane) in trial court case number CR-224245 (appeal number 60137) on May 25, 1988. By order journalized on September 7, 1988, the court sentenced the defendant to one year confinement. Execution of this sentence was suspended and defendant was placed on probation for a period of two years on the condition that: defendant complete a fourteen-day in-patient alcohol/drug dependency program; he obtain outpatient aftercare as needed; he maintain full-time employment; he pay court costs. By order journalized March 26, 1990, defendant was found to be a probation violator. Probation was continued to August 31, 1992, with the same terms and conditions. Defendant's second case concerns his plea of guilty to one count of drug abuse (methamphetamine) in trial court case number CR-227875 (appeal number 60138) on July 14, 1988. By order journalized on September 7, 1988, the court entered the same sentence and probation as that entered in trial court case number CR-224245. By order journalized March 26, 1990, defendant was found to be a probation violator. The probation period was continued to August 31, 1992, with the same terms and conditions. - 3 - On June 13, 1990, the defendant was the subject of a probation violation hearing in open court with counsel present. Defendant pled guilty to the charge and the court ordered the original one-year sentences into execution with defendant to pay costs. Journal Vol. 944, page 632 and 635, June 19, 1990. Defendant was subsequently conveyed to the Lorain Correction Institute. No stay of execution of the sentence of imprisonment is in the record. 1 This timely appeal raises two assignments of error. The record clearly indicates that defendant's sentences of one-year imprisonment to the offenses in question began in June of 1990 and would therefore end, at the latest, in June of 1991. The Supreme Court stated the following in State v. Berndt (1987), 29 Ohio St. 3d 3, 4: "[W]here a defendant, convicted of a criminal offense, has voluntarily paid the fine or completed the sentence for that offense, an appeal is moot when no evidence is offered from which an inference can be drawn that the defendant will suffer some collateral disability or loss of civil rights from such judgment or conviction." State v. Wilson (1975), 41 Ohio St. 2d 236, 70 O.O.2d 431, 1 The two assignments of error provide: I. THE TRIAL COURT ERRED IN FINDING THE APPELLANT TO BE A PROBATION VIOLATOR BASED UPON INADMISSIBLE HEARSAY EVIDENCE. II. THE TRIAL COURT DENIED APPELLANT HIS DUE PROCESS RIGHTS BY LEADING APPELLANT TO WAIVE A HEARING AND TO PLEAD GUILTY. - 4 - 325 N.E.2d 236, syllabus. The burden of presenting evidence that he has such a "substantial stake in the judgment of conviction" is upon the defendant. Id. at 237, 70 O.O.2d at 432, 325 N.E.2d at 237. Thus, this appeal is moot unless appellee has at some point in this proceeding offered evidence from which an inference can be drawn that appellee will suffer some collateral legal disability or loss of civil rights. (Emphasis added.) See also, City of Garfield Hts. v. Davis (November 16, 1989), Cuyahoga App. No. 56193, unreported; State v. Pence (April 28, 1988), Cuyahoga App. No. 53918, unreported. A review of the record indicates no inferences of collateral legal disability or loss of civil rights. Stovall fails to mention any claimed disability or loss of civil rights. Accordingly, these appeals are moot. Appeals dismissed. - 5 - This cause is dismissed. It is, therefore, considered that said appellee(s) recover of said appellant(s) their costs herein. It is ordered that a special mandate be sent to said 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. Exceptions. JOHN T. PATTON, P.J., and PATRICIA A. BLACKMON, J., CONCUR. JAMES D. SWEENEY JUDGE N.B. This entry is made pursuant to the third sentence of Rule 22(D), Ohio Rules of Appellate Procedure. This is an announcement of decision (see Rule 26). Ten (10) days from the date hereof this document will be stamped to indicate journalization, at which time it will become the judgment and order of the court and time period for review will begin to run. .