COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 81906 STATE OF OHIO : JOURNAL ENTRY : AND Plaintiff-appellee : OPINION : -vs- : : DAVID TERRY : : Defendant-appellant : DATE OF ANNOUNCEMENT OF DECISION: JUNE 26, 2003 CHARACTER OF PROCEEDING: Criminal appeal from the Court of Common Pleas Case No. CR-418833 JUDGMENT: Dismissed. DATE OF JOURNALIZATION: APPEARANCES: For Plaintiff-Appellee: WILLIAM D. MASON, ESQ. CUYAHOGA COUNTY PROSECUTOR BY: CHRISANA C. BLANCO, ESQ. 8TH Floor - Justice Center 1200 Ontario Street Cleveland, Ohio 44113 For Defendant-Appellant: J. GARY SEEWALD, ESQ. 550 Courthouse Square 310 Lakeside Ave., West Cleveland, Ohio 44113 -2- ANN DYKE, P.J.: Defendant-appellant David Terry ("defendant") appeals from the judgment of the trial court, which found him guilty of negligent assault. The defendant was indicted on January 13, 2002 for one count of felonious assault in violation of R.C. 2903.11, with firearm specifications in violation of R.C. 2941.141 and R.C. 2941.145. On September 11, 2002, the defendant waived his right to a trial by jury and the matter proceeded to a bench trial. The trial court found the defendant guilty of negligent assault in violation of R.C. 2903.14, a misdemeanor of the third degree. The trial court sentenced the defendant to sixty days in jail, which were suspended and six months probation. In this case, because the defendant's misdemeanor sentence is completed, we sua sponte find his appeal moot and dismiss it on the authority of State v. Golston (1994), 71 Ohio St.3d 224. Where a criminal defendant has been convicted of a misdemeanor and has voluntarily satisfied his or her judgment for that offense, an appeal from the conviction is moot unless the defendant has offered evidence from which an inference can be drawn that he or she will suffer some collateral legal disability or loss of civil rights. State v. Golston, supra, citing State v. Wilson (1975), 41 Ohio St.2d 236 and State v. Berndt (1987), 29 Ohio St.3d 3. There is no evidence in the record that the defendant's misdemeanor conviction will impose a "collateral disability or loss of civil rights"upon -3- him and the defendant does not argue or present evidence regarding this issue. 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 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. COLLEEN CONWAY COONEY, J., AND SEAN C. GALLAGHER, J., CONCUR. ANN DYKE PRESIDING 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.22. 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 clerk per App.R. 22(E). See, also S.Ct.Prac.R. II, Section 2(A)(1). .