State v. Gorin, Unpublished Decision (10-20-1999)
State v. Gorin, Unpublished Decision (10-20-1999)
Opinion of the Court
Defendant-appellant, Jason Gorin, appeals an order of the Akron Municipal Court that denied his appeal from an administrative license suspension. Because Defendant's assignments of error have been rendered moot, this appeal is dismissed.
On November 11, 1998, Defendant was cited for improperly driving in marked lanes in violation of R.C.
On November 20, 1998, Defendant pleaded not guilty to all charges. On November 25, 1998, Defendant gave notice to the trial court of his appeal of the ALS and waived his right to a hearing within five days. The ALS was stayed pending a hearing on the merits of Defendant's appeal. After conducting a hearing on January 19, 1999, the trial court dismissed the appeal. Defendant timely appealed to this court. He has raised two assignments of error for review.
ASSIGNMENT OF ERROR I
The trial court erred when it overruled Defendant's motion to terminate the administrative license suspension concluding that a hearing was held within the five-day period.
ASSIGNMENT OF ERROR II
The trial court erred when it overruled Defendant's motion to terminate the administrative license suspension ("ALS"), concluding that the ALS notification stated reasonable grounds for Defendant's arrest.
In his first assignment of error, Defendant has argued that the trial court was required to conduct a hearing on his ALS appeal within five days of receiving notice that an appeal would be taken. In the second assignment of error, Defendant has maintained that the trial court incorrectly denied his ALS appeal by concluding that reasonable grounds existed for his arrest.
An administrative license suspension terminates when the defendant is convicted of the underlying offense following a guilty plea. State v. Uskert (1999),
Defendant's assignments of error are moot. This appeal is dismissed.
Appeal dismissed.
Costs taxed to Appellant.
LYNN C. SLABY FOR THE COURT BAIRD, P.J.
CARR, J.
CONCUR
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