City of Shaker Heights v. Harris, Unpublished Decision (1-11-2001)
City of Shaker Heights v. Harris, Unpublished Decision (1-11-2001)
Opinion of the Court
A review of the record on appeal indicates that Harris was convicted on December 20, 1999. The trial court fined Harris $50 and ordered court costs of $95. The fine and court costs were paid by Harris on December 20, 1999. No stay of execution of sentence was filed by Harris. The record also does not indicate that Harris will suffer a collateral disability, a loss of civil rights from his conviction, or that his payment of the fine and costs was done under protest.
Where a defendant is convicted of a misdemeanor offense, has paid the fine and costs without protest, no stay of judgment is in place, and there is no inference of collateral disability that would affect defendant's civil rights, an appeal from that conviction is moot. See State v. Berndt (1987),
Appeal dismissed.
It is ordered that appellee recover of appellant its costs herein taxed.
A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure. Exceptions.
KENNETH A. ROCCO, P.J., and FRANK D. CELEBREZZE, JR., J., CONCUR.
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