Opinion

State Ex Rel. Galloway v. Lucas County Court of Common Pleas

  • 130 Ohio St. 3d 206
  • 2011 Ohio 5259
Court
Ohio Supreme Court
Filed
Oct 18, 2011
Status
Published
On the bench
Brown, Cupp, Lanzinger, Lundberg, McGee, O'Connor, O'Donnell, Pfeifer, Stratton
Cited by
8 cases
Authority
More cited than 69.6%

The opinion

[Cite as State ex rel. Galloway v. Lucas Cty. Court of Common Pleas, 130 Ohio St.3d 206,

2011-Ohio-5259.]

THE STATE EX REL. GALLOWAY, APPELLANT, v. LUCAS COUNTY COURT OF

COMMON PLEAS ET AL., APPELLEES.

[Cite as State ex rel. Galloway v. Lucas Cty. Court of Common Pleas,

130 Ohio St.3d 206, 2011-Ohio-5259.]

Criminal procedure—Judgment entries in compliance with Crim.R. 32(C)—Writs

of mandamus and procedendo denied.

(No. 2011-0871—Submitted October 5, 2011—Decided October 18, 2011.)

APPEAL from the Court of Appeals for Lucas County,

No. L-10-1132, 2011-Ohio-1876.

__________________

Per Curiam.

{¶ 1} We affirm the judgment of the court of appeals denying the request

of appellant, Carlos G. Galloway Jr., for writs of mandamus and procedendo to

compel appellees, Lucas County Court of Common Pleas and Judge Denise Ann

Dartt, to issue judgments in his criminal cases that comply with Crim.R. 32(C)

and constitute final, appealable orders.

{¶ 2} The sentencing entries in Galloway’s criminal cases fully complied

with Crim.R. 32(C) by including the jury verdicts upon which the convictions are

based, the sentence, and the signature of the judge and by being entered on the

journal by the clerk of court. See State ex rel. Peterson v. Durkin, 129 Ohio St.3d

213, 2011-Ohio-2639, 951 N.E.2d 381, ¶ 1.

{¶ 3} Moreover, insofar as Galloway claims that one of his sentencing

entries did not properly reflect the jury’s verdict, he raises mere error, and he had

an adequate remedy by appeal to raise the issue. See generally Manns v.

Gansheimer, 117 Ohio St.3d 251, 2008-Ohio-851, 883 N.E.2d 431, ¶ 6

(“sentencing errors are not jurisdictional and are not remediable * * * by

SUPREME COURT OF OHIO

extraordinary writ”); State ex rel. Jelinek v. Schneider, 127 Ohio St.3d 332, 2010-

Ohio-5986, 939 N.E.2d 847, ¶ 13 (neither mandamus nor procedendo will issue if

the relator has an adequate remedy in the ordinary course of law).

{¶ 4} Finally, any error regarding the imposition of court costs can be

challenged by appeal. State ex rel. Whittenberger v. Clarke (2000), 89 Ohio St.3d

207, 208, 729 N.E.2d 756.

{¶ 5} Therefore, the court of appeals properly denied Galloway’s request

for extraordinary relief in mandamus and procedendo, and we affirm that

judgment.

Judgment affirmed.

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

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

__________________

Carlos G. Galloway Jr., pro se.

Julia R. Bates, Lucas County Prosecuting Attorney, and John A. Borell,

Assistant Prosecuting Attorney, for appellees.

______________________

2

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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