State v. Brooks

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[Cite as State v. Brooks, 2010-Ohio-1872.] Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA JOURNAL ENTRY AND OPINION No. 93857 STATE OF OHIO PLAINTIFF-APPELLEE vs. KENNETH BROOKS DEFENDANT-APPELLANT JUDGMENT: DISMISSED Criminal Appeal from the Cuyahoga County Court of Common Pleas Case No. CR-358425 BEFORE: Kilbane, P.J., Sweeney, J., and Cooney, J. RELEASED: JOURNALIZED: April 29, 2010 APPELLANT Kenneth Brooks Inmate No. 356-595 Noble Correctional Institution 15708 McConnellsville Road Caldwell, Ohio 43724 ATTORNEYS FOR APPELLEES William D. Mason Cuyahoga County Prosecutor Mary McGrath Assistant County Prosecutor Justice Center - 8th Floor 1200 Ontario street Cleveland, Ohio 44113 N.B. This entry is an announcement of the court s decision. See App.R. 22(B) and 26(A); Loc.App.R. 22. This decision will be journalized and will become the judgment and order of the court pursuant to App.R. 22(C) unless a motion for reconsideration with supporting brief per App.R. 26(A), or a motion for consideration en banc with supporting brief per Loc.App.R. 25.1(B)(2), is filed within ten days of the announcement of the court s decision. The time period for review by the Supreme Court of Ohio shall begin to run upon the journalization of this court s announcement of decision by the clerk per App.R. 22(C). See, also, S.Ct. Prac.R. 2.2(A)(1). MARY EILEEN KILBANE, P.J.: {¶ 1} Appellant, Kenneth Brooks ( Brooks ), has appealed from the trial court s August 3, 2009 journal entry that granted his motion for jail-time credit in part. Brooks sought credit for 195 days, and was granted only five days of credit. {¶ 2} According to the Ohio Department of Rehabilitation and Corrections ( DRC ), Brooks completed his prison sentence and was released on February 26, 2010. Consequently, Brook s instant appeal for jail-time credit is moot as he has served his full sentence. See State v. Cheris, 8th Dist. No. 92492, 2009-Ohio-5000, citing State v. Warren, 8th Dist. No. 91656, 2009-Ohio-1882. This court may take judicial notice of mootness. State ex rel. Whiteman v. Comstock, 8th Dist. No. 93642, 2009-Ohio-5231, citing Pewitt v. Lorain Correctional Inst., 64 Ohio St.3d 470, 472, 1992-Ohio-91, 597 N.E.2d 92. {¶ 3} In light of the information from the DRC that Brooks has served his full sentence, we find his appeal to be moot. Appeal dismissed. It is ordered that appellee recover of appellant costs herein taxed. It is ordered that a special mandate be sent to said 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. MARY EILEEN KILBANE, PRESIDING JUDGE JAMES J. SWEENEY, J., and COLLEEN CONWAY COONEY, J., CONCUR

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