State v. Brooks

Full title: State of Ohio, Plaintiff-Appellee, v. Kenneth Brooks, Defendant-Appellant

Court: Court of Appeals of Ohio, Eighth District, Cuyahoga County

Date published: Apr 29, 2010

2010 Ohio 1872 (Ohio Ct. App. 2010)

Opinion

No. 93857.

RELEASED: April 29, 2010.

Criminal Appeal from the Cuyahoga County Court of Common Pleas, Case No. CR-358425.

DISMISSED.

Kenneth Brooks, Inmate No. 356-595, Appellant.

William D. Mason, Cuyahoga County Prosecutor, Mary McGrath, Assistant County Prosecutor, Attorneys for Appellees.

BEFORE: Kilbane, P.J., Sweeney, J., and Cooney, J.

JOURNAL ENTRY AND OPINION

MARY EILEEN KILBANE, P.J.:

{¶ 1} Appellant, Kenneth Brooks ("Brooks"), has appealed from the trial court's August 3, 2009 journal entry that granted his motion for jail-time credit in part. Brooks sought credit for 195 days, and was granted only five days of credit.

{¶ 2} According to the Ohio Department of Rehabilitation and Corrections ("DRC"), Brooks completed his prison sentence and was released on February 26, 2010. Consequently, Brook's instant appeal for jail-time credit is moot as he has served his full sentence. See State v. Cheris, 8th Dist. No. 92492, 2009-Ohio-5000, citing State v. Warren, 8th Dist. No. 91656, 2009-Ohio-1882. This court may take judicial notice of mootness. State ex rel. Whiteman v. Comstock, 8th Dist. No. 93642, 2009-Ohio-5231, citing Pewitt v. Lorain Correctional Inst., 64 Ohio St.3d 470, 472, 1992-Ohio-91, 597 N.E.2d 92.

{¶ 3} In light of the information from the DRC that Brooks has served his full sentence, we find his appeal to be moot.

Appeal dismissed.

It is ordered that appellee recover of appellant costs herein taxed.

It is ordered that a special mandate be sent to said court 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 J. SWEENEY, J., and COLLEEN CONWAY COONEY, J., CONCUR.