COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NOS. 68848 & 70894 STATE OF OHIO, : : Plaintiff-Appellee : JOURNAL ENTRY : and vs. : OPINION : DAVID WARD, : : Defendant-Appellant : DATE OF ANNOUNCEMENT OF DECISION : AUGUST 28, 1997 CHARACTER OF PROCEEDING: : Criminal appeal from : Common Pleas Court : Case Nos. CR-236611 and : CR-268706 JUDGMENT : AFFIRMED. DATE OF JOURNALIZATION : APPEARANCES: For plaintiff-appellee: Richard J. Bombik George J. Sadd Assistant County Prosecutors The Justice Center - 8th Floor 1200 Ontario Street Cleveland, Ohio 44113 For defendant-appellant: Patricia J. Smith 4403 St. Clair Avenue Cleveland, Ohio 44103 2 NAHRA, J.: Appellant David O. Ward appeals his convictions in case no. CR-236611 and case no. CR-268706, consolidated in these appellate cases. In 1989, Ward was convicted of two violations of R.C. 2903.11, felonious assault, after pleading guilty in case no. CR- 236611. His sentence of 3 to 15 years on each count was suspended and he was placed on 3 years probation conditioned upon his completion of a drug treatment program. In 1992, appellant was convicted of a violation of R.C. 2907.03(A)(1), sexual battery after pleading guilty and was sentenced to 2 years incarceration and fines, which sentence was suspended and he was placed on probation. In April, 1992, appellant was determined to be in violation of the conditions of his probation in case no. CR-236611 and his sentence of 3 to 15 years incarceration was ordered into execution. Appellant assigns one error, which reads: THE TRIAL COURT ERRED WHEN IT FAILED TO GRANT THE APPELLANT'S STATEMENT OF THE PROCEEDINGS PURSUANT TO APP.R. 9(C) WHERE THE ONLY EVIDENCE OF THE RECORD BEFORE THE COURT WAS THE APPELLANT'S AFFIDAVIT. Appellant argues that because the transcript of his plea hearing in case no. CR-236611 is unavailable, the court erred by not accepting his version of the plea hearing submitted pursuant to App.R. 9(C). App.R. 9 provides in part: (C) Statement of the Evidence or Proceedings When No Report Was Made or When the Transcript Is Unavailable. If no report of the evidence or proceedings at a hearing or trial was made, or if a transcript is unavailable, the 3 appellant may prepare a statement of the evidence or proceedings from the best available means, including the appellant's recollection. * * * The statement and any objections or proposed amendments shall be forthwith submitted to the trial court for settlement and approval. The trial court shall act prior to the time for transmission of the record pursuant to App.R.10, and, as settled and approved, the statement shall be included by the clerk of the trial court in the record on appeal. A court speaks through its journal, State v. Mincy (1982), 2 Ohio St.3d 6, and where a transcript is unavailable, a reviewing court will presume regularity of the proceedings. See, State v. Bojar (Jan. 26, 1995), Cuyahoga App. No. 66657, unreported. In State v. Bojar, supra, the transcript of appellant's plea hearing was destroyed in a fire. In determining the merits of appellant's claim, this court looked to the entire record to determine whether error occurred at the plea hearing. Id. We found that appellant's claimed error was negated by other evidence within the record. Id. In case no. CR-236611, the court's journal entry reflects that it accepted appellant's guilty plea. Additionally, the transcript of the appellant's sentencing hearing is available. At that time, the court had a dialogue with appellant as to his version of the events which led to his plea of guilty. This dialogue supports a finding that appellant entered his plea knowingly, voluntarily, and intelligently. For these reasons, appellants sole assignment of error is overruled. Judgment affirmed. 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 Common Pleas Court to carry this judgment into execution. The defendant's conviction having been affirmed, any bail pending appeal is terminated. Case remanded to the trial court for execution of sentence. A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure. PORTER, P.J., and ROCCO, J., CONCUR. JOSEPH J. NAHRA JUDGE N.B. This entry is an announcement of the court's decision. See App.R. 22(B), 22(D) and 26(A); Loc.App.R. 27. This decision will be journalized and will become the judgment and order of the court pursuant to App.R.22(E) unless a motion for reconsideration with supporting brief, per App.R. 26(A), is filed within ten (10) days of the announcement of the court's decision. The time period for review by the Supreme Court of Ohio shall begin to run upon the journalization of this court's announcement of decision by the .