Opinion

State ex rel. Thomas v. DeWine

  • 127 Ohio St. 3d 214
  • 938 N.E.2d 328
  • 2010 Ohio 4984
Court
Ohio Supreme Court
Filed
Oct 19, 2010
Status
Published
On the bench
Brown, Pfeifer, Stratton, O'Connor, O'Donnell, Cupp, Lanzinger
Cited by
6 cases
Authority
More cited than 77.5%

The opinion

[Cite as State ex rel. Thomas v. DeWine, 127 Ohio St.3d 214, 2010-Ohio-4984.]

THE STATE EX REL. THOMAS, APPELLANT, v. DEWINE, JUDGE, APPELLEE.

[Cite as State ex rel. Thomas v. DeWine, 127 Ohio St.3d 214, 2010-Ohio-4984.]

Criminal law — Sentencing — Failure to notify of postrelease control — Writ of

habeas corpus denied.

(No. 2010-1241 — Submitted October 13, 2010 — Decided October 19, 2010.)

APPEAL from the Court of Appeals for Hamilton County, No. C-100352.

__________________

Per Curiam.

{¶ 1} We affirm the judgment dismissing the petition of appellant, Ako

Thomas, for a writ of mandamus to compel appellee, Hamilton County Court of

Common Pleas Judge Patrick DeWine, to resentence him in order to provide him

oral notification at his sentencing hearing of his mandatory five-year postrelease-

control term. Thomas “had an adequate remedy by way of direct appeal from his

sentence to raise his claim that he did not receive proper notification about

postrelease control at his sentencing hearing.” Briseno v. Cook, 121 Ohio St.3d

38, 2009-Ohio-308, 901 N.E.2d 798, ¶ 1.

Judgment affirmed.

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

O’DONNELL, and CUPP, JJ., concur.

LANZINGER, J., concurs in judgment only.

__________________

Ako Thomas, 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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