City of Garfield Heights v. McElroy, Unpublished Decision (12-11-2003)
City of Garfield Heights v. McElroy, Unpublished Decision (12-11-2003)
Opinion of the Court
{¶ 2} After a bench trial, the court found defendant guilty of the minor misdemeanor and imposed a $100 fine. Defendant paid his fine on March 4, 2003. On March 28, 2003, defendant filed his notice of appeal. He assigns the following sole assignment of error for our review:
{¶ 3} "I. The trial court's finding that appellant was guilty of attempted failure to yield right-of-way to public safety vehicles pursuant to R.C. §
{¶ 4} "[W]here a criminal defendant, convicted of a misdemeanor, voluntarily satisfies the judgment imposed upon him or her 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 stemming from that conviction." State v. Golston (1994),
{¶ 5} In this appeal, defendant does not contend, nor did he provide any evidence from which we could infer, that he will suffer from any collateral legal disability or loss of civil rights stemming from this minor misdemeanor conviction. The record reflects that defendant paid his fine on March 4, 2003. Accordingly, the appeal is moot. AccordCleveland v. Gould, Cuyahoga App. No. 79214, 2002-Ohio-2724; Cleveland v.Martin, Cuyahoga App. No. 79896, 2002-Ohio-1652; Cleveland v. Bawa (June 13, 1996), Cuyahoga App. No. 69089.
{¶ 6} The appeal is dismissed.
It is ordered that appellee recover of appellant its costs herein taxed.
It is ordered that a special mandate issue out of this Court directing the Garfield Heights Municipal 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.
Kenneth A. Rocco, A.J., and Colleen Conway Cooney, J., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.