COURT OF APPEALS OF OHIO, EIGHTH DISTRICT

                           COUNTY OF CUYAHOGA

                               NO. 61293




                                        :
   STATE OF OHIO                        :
                                        :
                                        :       JOURNAL ENTRY
               Plaintiff-Appellee       :
                                        :            and
        -vs-                            :
                                        :          OPINION
   EARL W. GOTTLIEB                     :
                                        :
                                        :
               Defendant-Appellant      :
                                        :
                                        :



   DATE OF ANNOUNCEMENT
   OF DECISION:                         NOVEMBER 25, 1992

   CHARACTER OF PROCEEDING:             Criminal appeal from
                                        Common Pleas Court
                                        Case No. CR-252352

   JUDGMENT:                            Motion No. 32722 to
                                        Dismiss is Granted.
                                        Appeal Dismissed.

   DATE OF JOURNALIZATION:              __________________________

   APPEARANCES:

   For Plaintiff-Appellee:              For Defendant-Appellant:

   STEPHANIE TUBBS JONES, ESQ.          ALAN ROSSMAN, ESQ.
   Cuyahoga County Prosecutor           330 Standard Building
   LAURENCE R. SNYDER, ESQ.             Cleveland, Ohio  44113
   Assistant Prosecuting Attorney
   The Justice Center
   1200 Ontario Street
   Cleveland, Ohio  44113
















                                - 2 -

   HARPER, J.:
        Appellant, Earl Gottlieb, appeals his conviction of carrying

   a  concealed weapon,  in violation  of R.C. 2923.12.   Appellee's

   Motion No. 32722  to dismiss is  granted.  Appellant's appeal  is

   dismissed as moot.

        On January 2, 1991,  appellant was sentenced to one  year in

   jail and a  fine of five  hundred dollars.  Appellant's  sentence
                                                             1/
   was suspended  and he was placed on a  one year probation.    The

   fine was paid in  full.  Appellant's probation was  terminated on

   January 2, 1992.

        It is a settled law in Ohio that an appeal of  a sentence is

   moot  when  the   defendant  voluntarily  paid  his   fine  after

   conviction  or  served  the  sentence  for  that  offense  unless

   evidence is presented from  which an inference can be  drawn that

   the defendant will  suffer from collateral disability  or loss of

   civil rights from such  judgment or conviction.  State  v. Berndt

   (1987), 29  Ohio St.3d 3; State  v. Wilson (1975), 41  Ohio St.2d

   236, 375  N.E.2d 236; see  also State  v. Tell  (Aug. 23,  1990),

   Cuyahoga  App.  No. 56971,  unreported.    A  mere  showing  that

   appellant  is  convicted  is  insufficient  to  prove  collateral

   disability.    Where  a  defendant  fails  to obtain  a  stay  of

   execution  of  sentence pending  an  appeal and  the  sentence is

   served or fine  paid, outside a showing of  collateral disability

   or loss  of civil  rights, the issue  is considered  moot and  no

   longer ripe for appellate review.


        1/
            Appellant did not obtain a stay of execution of sentence
   pending appeal.












                                 - 3 -

        In the instant case, since appellant has failed to put forth

   evidence of  collateral disability  or loss  of  civil rights  to

   warrant appellate review of his conviction  below, this appeal is

   dismissed.


























































                                 - 4 -



        It is  ordered that appellee  and appellant shall  share the

   costs equally.



        A certified copy of this  entry shall constitute the mandate

   pursuant to Rule 27 of the Rules of Appellate Procedure.










   FRANCIS E. SWEENEY, P.J., and

   ANN McMANAMON, J., CONCUR.


                                               SARA J. HARPER
                                                   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.



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