Opinion

State ex rel. Barr v. Sutula

  • 132 Ohio St. 3d 297
  • 2012 Ohio 2790
Court
Ohio Supreme Court
Filed
Jun 26, 2012
Status
Published
On the bench
O'Connor, Pfeifer, Stratton, O'Donnell, Lanzinger, Cupp, Brown
Cited by
2 cases
Authority
More cited than 57.1%

The opinion

[Cite as State ex rel. Barr v. Sutula, 132 Ohio St.3d 297, 2012-Ohio-2790.]

THE STATE EX REL. BARR, APPELLANT, v. SUTULA, JUDGE, APPELLEE.

[Cite as State ex rel. Barr v. Sutula, 132 Ohio St.3d 297, 2012-Ohio-2790.]

Criminal procedure—Mandamus to correct sentencing entry—Adequate remedy

by way of appeal precludes mandamus.

(No. 2012-0498—Submitted June 20, 2012—Decided June 26, 2012.)

APPEAL from the Court of Appeals for Cuyahoga County,

No. 97456, 2012-Ohio-500.

__________________

Per Curiam.

{¶ 1} We affirm the judgment of the court of appeals dismissing the

petition of appellant, Harry M. Barr, for a writ of mandamus to compel appellee,

Cuyahoga County Court of Common Pleas Judge John D. Sutula, to correct his

sentencing entry to reflect the sentence specified at the court’s “verdict hearing.”

Barr had an adequate remedy by way of appeal from his sentencing entry to raise

his claim of sentencing error. See State ex rel. Hudson v. Sutula, 131 Ohio St.3d

177, 2012-Ohio-554, 962 N.E.2d 798, ¶ 1; R.C. 2731.05.

Judgment affirmed.

O’CONNOR, C.J., and PFEIFER, LUNDBERG STRATTON, O’DONNELL,

LANZINGER, CUPP, and MCGEE BROWN, JJ., concur.

__________________

Harry M. Barr, pro se.

______________________

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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