IN THE COURT OF APPEALS
FAIRFIELD COUNTY, OHIO
FIFTH APPELLATE DISTRICT



In the Matter of:

IAN NEINAST
Defendant-Appellant.
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Appeal No. 08CA78

(Accelerated Calendar)

Fairfield County Court of Common,
Pleas, Juvenile Court No. No. TR20080510




MOTION TO DISMISS APPEAL



Now comes the Defendant-Appellant, Ian Neinast, and respectfully moves the Court to dismiss this appeal.

Concurrent with this appeal, a Petition for Post-Conviction Relief was pending in the Trial Court. On December 1, 2008 the Trial Court filed an Entry granting the relief requested, thereby rendering this appeal moot. Defendant-Appellant therefore requests that this Court dismiss his appeal.

A proposed Judgment Entry is attached.



  Respectfully submitted,

/s/ Ian A. Neinast     
Ian A. Neinast

/s/ Robert A. Neinast     
Robert A. Neinast (father)
8617 Ashford Lane
Pickerington, OH 43147
Phone:   (614) 759-1601



CERTIFICATE OF SERVICE

I hereby certify that a copy of this Motion to Dismiss Appeal was served, by hand delivery to the Prosecutorís office, upon Erin R. McLaughlin, Assistant Prosecutor, Fairfield County Prosecutorís Office, 201 S. Broad Street, Lancaster, OH, on December 5, 2008.



  /s/ Robert A. Neinast    
Robert A. Neinast