Infante appeal hearing delayed

AKRON — The oral arguments scheduled for Thursday in the appeal of the convictions and sentence of former Niles Mayor Ralph Infante have been canceled after the three appeals court judges ruled Monday they do not have jurisdiction to hear the appeal.

The entry from the 9th District Court of Appeals says the judges cannot proceed until the "judgment of conviction" filed by Judge Patricia Cosgrove, who presided over Infante's trial in Trumbull County Common Pleas Court by assignment from the Ohio Supreme Court, is amended to comply with Ohio criminal rules. The judges encouraged Judge Cosgrove to file a new entry "as soon as possible." Then the appeal can be re-filed.

The judges said Judge Cosgrove's entry was not a final, appealable order because it did not indicate what sentence Infante was receiving for one of his convictions. Instead, she orally stated she was "merging" the conviction with another conviction for sentencing purposes.

But the appeals judges said it is "well settled that '[a] court or record speaks through its journal entries,'" and she should have noted the count was merging in her judgment entry.

Judge Cosgrove sentenced Infante to 10 years in prison for engaging in a pattern of corrupt activity during his 24 years a mayor, tampering with records, theft in office, gambling, falsification and having unlawful interest in a public contract.

Attorneys with the Ohio Attorney General's Office prosecuted the case.