State v. Hicks, Unpublished Decision (8-19-2005)
State v. Hicks, Unpublished Decision (8-19-2005)
Opinion of the Court
{¶ 3} Allegedly fearing for his own personal safety, Hicks pushed Taylor away from him. Taylor retaliated by charging Hicks and pushing him. Hicks and Taylor then grabbed each other, and Taylor was able to pull Hicks' coat over his head. Hicks extricated himself from Taylor's grasp and pushed her to the ground. Hicks allowed Taylor to get up, but the parties continued to exchange words. As Hicks attempted to retrieve his coat, Taylor picked up a chair and threw it at him. Hicks tackled Taylor and brought her to the ground. While he had her pinned down, Hicks allegedly slapped Taylor across the face. The Dayton Police were contacted by other store employees, and Hicks was arrested for assault. A jury convicted Hicks of one count of misdemeanor assault, and the judge sentenced him to 120 days in jail, which was served in its entirety. It is from this judgment that Hicks now appeals.
{¶ 5} "APPELLANT WAS DENIED DUE PROCESS AND A FAIR TRIAL WHEN THE TRIAL COURT GAVE AN INACCURATE AND MISLEADING INSTRUCTION ON SELF-DEFENSE."
{¶ 6} "APPELLANT'S CONVICTION WAS AGAINST THE MANIFEST WEIGHT OF THE EVIDENCE AS APPELLANT PROVED SELF-DEFENSE BY A PREPONDERANCE OF THE EVIDENCE."
{¶ 7} After a review of the facts in this case, we find it unnecessary to address the merits of Hicks' appeal. As we recently noted in City ofDayton v. Elifritz (Feb. 6, 2004), Montgomery App. No. 19603,
{¶ 8} There is no evidence in the record that Hicks filed a motion to stay his sentence pending the appeal in this matter, and there is no journal entry either denying or staying execution of his sentence. As previously noted, the trial court allowed Hicks to serve his time in the S.T.O.P. program where he completed his 120 day sentence and was released on September 13, 2004. There is nothing in the record, and Hicks has presented no evidence, which suggests that he has suffered some collateral legal disability or loss of civil rights as a result of his misdemeanor conviction for assault. Thus, we dismiss the present appeal as moot.
Appeal dismissed.
Wolff, J. and Grady, J., concur.
Reference
- Full Case Name
- State of Ohio v. Darius J. Hicks
- Cited By
- 1 case
- Status
- Unpublished