State v. Reedy

2020 Ohio 902

• Court: Ohio Court of Appeals
• Decided: March 9, 2020
• Docket: CT2019-0065
• Status: Published

Opinion

[Cite as State v. Reedy, 2020-Ohio-902.]

COURT OF APPEALS MUSKINGUM COUNTY, OHIO FIFTH APPELLATE DISTRICT

STATE OF OHIO : JUDGES: : Hon. Patricia A. Delaney, P.J. Plaintiff-Appellee : Hon. Craig R. Baldwin, J. : Hon. Earle E. Wise, Jr., J. -vs- : : REBEKKAH REEDY : Case No. CT2019-0065 : Defendant-Appellant : OPINION

CHARACTER OF PROCEEDING: Appeal from the Court of Common Pleas, Case No. CR2018-0087

JUDGMENT: Affirmed

DATE OF JUDGMENT: March 9, 2020

APPEARANCES:

For Plaintiff-Appellee For Defendant-Appellant

TAYLOR P. BENNINGTON JAMES A. ANZELMO 27 North Fifth Street 446 Howland Drive P.O. Box 189 Gahanna, OH 43230 Zanesville, OH 43701 Muskingum County, Case No. CT2019-0065 2

Wise, Earle, J.

{¶ 1} Defendant-Appellant Rebekkah Reedy appeals the trial court's July 10,

2019 judgment entry denying her motion to correct her sentence. Plaintiff-Appellee is the

state of Ohio.

FACTS AND PROCEDURAL HISTORY

{¶ 2} On March 23, 2018, Reedy pled guilty to one count of possession of

methamphetamine, a felony of the fifth degree, one count of possession of a drug abuse

instrument, a misdemeanor of the second degree, and one count of possession of drug

paraphernalia, a misdemeanor of the fourth degree. She was sentenced to three years

community control and ordered to enter the Fayette-Pickaway Residential Program.

{¶ 3} Reedy was unsuccessfully terminated from the Fayette-Pickaway

Residential Program and subsequently returned to court on a probation violation. On

October 22, 2018, Reedy pled guilty to violating her community control. The trial court

found Reedy was no longer amenable to community control, revoked the same and

imposed a previously suspended aggregate prison sentence of 11 months. Reedy was

credited 48 days of jail-time credit.

{¶ 4} On July 5, 2019, Reedy filed a motion to correct her sentence. The trial court

denied the motion on July 10, 2019.

{¶ 5} Reedy was released from prison on July 26, 2019.

{¶ 6} On August 9, 2019, Reedy filed this appeal and the matter is now before

this court for consideration. She raises one assignment of error:

I Muskingum County, Case No. CT2019-0065 3

{¶ 7} "THE TRIAL COURT ERRED BY DENYING REEDY'S MOTION TO

CORRECT HER SENTENCE."

{¶ 8} In her sole assignment of error, Reedy argues the trial court erred in denying

her motion to correct her sentence because her community control violation was technical

in nature. Reedy therefore argues the trial court's sentence for the violation was limited

to 90 days pursuant to R.C. 2929.15. Because Reedy has completed her sentence, we

disagree.

{¶ 9} As we recently found in in State v. York, 5th Dist. Fairfield No. 17-CA-20,

2018-Ohio-1134 at ¶ 7:

An appeal challenging a conviction is not moot even if the entire

sentence has been served before the appeal is heard, because “[a]

person convicted of a felony has a substantial stake in the judgment

of conviction which survives the satisfaction of the judgment imposed

upon him or her.” State v. Golston, 71 Ohio St.3d 224, 643 N.E.2d

109, paragraph one of the syllabus (1994). “However, this logic does

not apply if appellant is appealing solely on the issue of the length of

his sentence and not on the underlying conviction. If an individual

has already served his sentence, there is no collateral disability or

loss of civil rights that can be remedied by a modification of the length

of that sentence in the absence of a reversal of the underlying

conviction.” State v. Campbell, 5th Dist. Licking No. 2005CA00091,

166 Ohio App.3d 363, 2006-Ohio-2294, 850 N.E.2d 799, ¶ 8, quoting Muskingum County, Case No. CT2019-0065 4

State v. Beamon, 11th Dist. Lake App. No. 2000-L-160, 2001 WL

1602656 (Dec. 14, 2001).

{¶ 10} Reedy has completed her sentence. She does not challenge her underlying

conviction, but rather only the length of her completed sentence. That being the case, we

find Reedy's appeal is moot.

{¶ 11} The appeal is dismissed.

By Wise, Earle, J.

Delaney, P.J. and

Baldwin, J. concur.

EEW/rw