COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
 
                      COUNTY OF CUYAHOGA
 
                           NO. 85457
 
 
 
 
STATE OF OHIO                 :
                              :
          Plaintiff-appellee :
                              :         JOURNAL ENTRY
    vs.                       :              and
                              :            OPINION
BRANDON HAWKINS               :
                              :
          Defendant-appellant :
 
 
DATE OF ANNOUNCEMENT
OF DECISION                   :   OCTOBER 13, 2005
 
CHARACTER OF PROCEEDING       :   Criminal appeal from
                              :   Cuyahoga County Court of
                              :   Common Pleas
                              :   Case No. CR-439044 & 451872
 
JUDGMENT                      :   DISMISSED.
 
DATE OF JOURNALIZATION        :
 
APPEARANCES:
 
For plaintiff-appellee        :   WILLIAM D. MASON
                                  Cuyahoga County Prosecutor
                                  AMY E. VENESILE, Assistant
                                  Justice Center, 8TH Floor
                                  1200 Ontario Street
                                  Cleveland, Ohio 44113
 
For defendant-appellant       :   KEVIN CAFFERKEY
                                  1370 Ontario Street
                                  2000 Standard Building
                                  Cleveland, OH 44113
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                -2-
 
KENNETH A. ROCCO, J.:
 
     Defendant-appellant Brandon Hawkins appeals the sentences
 
imposed by the trial court in two cases. However, he has completed
 
serving his sentences; consequently, his appeal must be dismissed
 
as moot.
 
     The record reflects that in case number CR-439044 Hawkins
 
entered a plea of guilty on August 11, 2003 to one count of
 
possession of crack cocaine in an amount less than a gram. The
 
trial court initially placed him on community control sanctions.
 
This placement was revoked on June 23, 2004 when, in case number
 
CR-451872, Hawkins entered a guilty plea to one count of
 
trafficking in crack cocaine in an amount less than a gram.
 
     On July 24, 2004 the trial court sentenced Hawkins in both
 
cases to serve consecutive terms of incarceration of twelve months
 
in the more recent case and six months in the earlier case, with
 
credit for time served.
 
     On October 29, 2004 Hawkins filed a request for leave to
 
present a delayed appeal. This court granted his request, and he
 
ultimately filed his appellate brief on May 25, 2005.
 
     In his appellate brief, Hawkins presents two assignments of
 
error as follows:
 
     "I. The trial court erred in sentencing [defendant] to a term
 
of incarceration beyond the minimum and the aggravating facts were
 
not found beyond a reasonable doubt by a jury. (Tr. 43-45).
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                               -3-
 
     "II. The trial court failed to make a finding that the
 
defendant's  sentence  is  consistent   with  similarly  situated
 
offenders. (Tr. 43-46)."
 
     As set forth above, Hawkins presents an appeal which
 
challenges only the sentences imposed in these two cases. A check
 
of the Ohio Department of Corrections ' computer website confirms
 
that Hawkins was released from prison with no post-release control
 
on May 9, 2005. State v. Hagwood, Cuyahoga App. No. 83701, 2004-
 
Ohio-5967, ¶5. When a defendant has already served his sentence,
 
any issue related to that sentence on appeal is moot.    State v.
 
Adams, Cuyahoga App. No. 85267, 2005-Ohio-3837, ¶5.
 
     Since this case was set for oral hearing on October 3, 2005,
 
it is clear Hawkins' appeal of his sentence is moot. Id.
 
     This case, therefore, is dismissed.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                -4-
 
     It is ordered that appellee recover of appellant 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 Cuyahoga County 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.
 
 
 
 
                                         KENNETH A. ROCCO
                                              JUDGE
 
SEAN C. GALLAGHER, P.J.    and
 
MARY EILEEN KILBANE, J. CONCUR
 
 
 
 
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).
 
.