Opinion

State ex rel. Peterson v. Durkin

  • 129 Ohio St. 3d 213
  • 2011 Ohio 2639
Court
Ohio Supreme Court
Filed
Jun 7, 2011
Status
Published
On the bench
O'Connor, Pfeifer, Stratton, O'Donnell, Lanzinger, Cupp, Brown
Cited by
2 cases
Authority
More cited than 60.2%

The opinion

[Cite as State ex rel. Peterson v. Durkin, 129 Ohio St.3d 213, 2011-Ohio-2639.]

THE STATE EX REL. PETERSON, APPELLANT, v. DURKIN, JUDGE, ET AL.,

APPELLEES.

[Cite as State ex rel. Peterson v. Durkin, 129 Ohio St.3d 213, 2011-Ohio-2639.]

Appeal from dismissal of a petition for a writ of mandamus and procedendo — No

error in sentencing entry — Judgment affirmed.

(No. 2011-0260 — Submitted May 25, 2011 — Decided June 7, 2011.)

APPEAL from the Court of Appeals for Mahoning County, No. 10 MA 155.

__________________

Per Curiam.

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

petition of appellant, Bobbie Peterson, for writs of mandamus and procedendo to

compel appellees, Mahoning County Court of Common Pleas Judge John M.

Durkin and the common pleas court, to enter a sentencing entry that complies

with Crim.R. 32(C) and properly imposes postrelease control. Judge Durkin’s

February 27, 2007 sentencing entry fully complied with Crim.R. 32(C) by

including his guilty plea, the sentence, the judge’s signature, and the time stamp

indicating the entry upon the journal by the clerk of court. The entry also

included sufficient language that postrelease control was part of his sentence so as

to give appellant sufficient notice to raise any claimed errors on appeal rather than

by extraordinary writ. See State ex rel. Pruitt v. Cuyahoga Cty. Court of Common

Pleas, 125 Ohio St.3d 402, 2010-Ohio-1808, 928 N.E.2d 722, ¶ 4; Watkins v.

Collins, 111 Ohio St.3d 425, 2006-Ohio-5082, 857 N.E.2d 78, ¶ 51-53.

Judgment affirmed.

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

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

_____________________

SUPREME COURT OF OHIO

Bobbie Peterson, pro se.

Paul J. Gains, Mahoning County Prosecuting Attorney, and Ralph M.

Rivera, 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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