COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 60220 STATE OF OHIO : : Plaintiff-appellee : : JOURNAL ENTRY -vs- : AND : OPINION HOWARD MIMS : : Defendant-appellant : : DATE OF ANNOUNCEMENT : MAY 21, 1992 OF DECISION : CHARACTER OF PROCEEDING : Criminal appeal from Court of Common Pleas : Case No. 248320 JUDGMENT : APPEAL DISMISSED DATE OF JOURNALIZATION : APPEARANCES: For plaintiff-appellee: For defendant-appellant: Stephanie Tubbs Jones Michael E. Murman, Esq. Cuyahoga County Prosecutor 14701 Detroit Avenue, #555 Michael A. Bednar Cleveland, OH 44107 The Justice Center 1200 Justice Center Cleveland, OH 44113 - 2 - PATTON, P.J. Defendant-appellant Howard Mims ("appellant") appeals from his convictions of one count of passing bad checks (R.C. 2913.11) and one count of theft (R.C. 2913.02). He asserts that passing bad checks and theft are allied offenses of similar import. Appellant was sentenced to a one year term of incarceration on each count to be served concurrently. The appellant was sentenced on July 3, 1990 and conveyed to the state reformatory on July 6, 1990. Appellant filed his notice of appeal on July 3, 1990. Significantly, the record does not reflect that appellant filed a motion for stay of execution pending appeal. As such, we are precluded from addressing the merits of his appeal on the grounds of mootness. In State v. Berndt (1987), 29 Ohio St. 3d 3, 4, the Ohio Supreme Court explicated: "*** that '[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, 325 N.E. 2d 236, syllabus. The burden of presenting evidence that he has such a 'substa- ntial 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." (Em- phasis added.) - 3 - Notably absent from the file is a motion for stay of execu- tion of sentence. Nothing in the record indicates that appellant has not completed his sentence. Hence, we presume the sentence has been completed. Further, appellant makes no mention, let alone offers, any evidence of a claim of collateral disability or loss of civil rights resulting from his conviction. Hence, according to Berndt, this appeal is moot as appellant has offered no evidence in this proceeding from which an infer- ence may be drawn that appellant will suffer some collateral disability or loss of civil rights. Accordingly, appellant's assignments of error are overruled as moot. Appeal dismissed. - 4 - It is ordered that appellee recover of appellant its 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 Court of Common Pleas 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. JAMES D. SWEENEY, J. BLACKMON, J., CONCUR PRESIDING JUDGE JOHN T. PATTON N.B. This entry is made pursuant to the third sentence of Rule 22(D), Ohio Rules of Appellate Procedure. This is an announce- ment of decision (see Rule 26). Ten (10) days from the date hereof, this document will be stamped to indicate journaliza- tion, at which time it will become the judgment and order of the court and time period for review will begin to run. .