Opinion

State ex rel. Cunningham v. Lindeman

  • 126 Ohio St. 3d 481
  • 935 N.E.2d 393
  • 2010 Ohio 4388
Court
Ohio Supreme Court
Filed
Sep 22, 2010
Status
Published
On the bench
Brown, Pfeifer, Stratton, O'Connor, O'Donnell, Lanzinger, Cupp
Cited by
18 cases
Authority
More cited than 92.2%

affirming dismissal of claim for writ of mandamus or procedendo to compel trial court judge to issue new sentencing entry because petitioner had an adequate remedy by appeal to raise claimed sentencing errors

How later courts described this case

  • affirming dismissal of claim for writ of mandamus or procedendo to compel trial court judge to issue new sentencing entry because petitioner had an adequate remedy by appeal to raise claimed sentencing errors

Written by the judges who cited it.

The opinion

[Cite as State ex rel. Cunningham v. Lindeman, 126 Ohio St.3d 481, 2010-Ohio-4388.]

THE STATE EX REL. CUNNINGHAM, APPELLANT, v. LINDEMAN, JUDGE,

APPELLEE.

[Cite as State ex rel. Cunningham v. Lindeman,

126 Ohio St.3d 481, 2010-Ohio-4388.]

Appeal from dismissal of a petition for writ of mandamus or procedendo — Act

complained of already performed — Adequate remedy at law — Judgment

affirmed.

(No. 2010-0792 — Submitted September 15, 2010 — Decided

September 22, 2010.)

APPEAL from the Court of Appeals for Miami County, No. 10-CA-09.

__________________

Per Curiam.

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

claim of appellant, Willie Cunningham, for a writ of mandamus or procedendo to

compel appellee, Miami County Court of Common Pleas Judge Robert J.

Lindeman, to issue a new sentencing entry in Cunningham’s criminal case to

comply with Crim.R. 32(C). Cunningham’s sentencing entry fully complied with

Crim.R. 32(C), as construed in State v. Baker, 119 Ohio St.3d 197, 2008-Ohio-

3330, 893 N.E.2d 163, syllabus, by including the finding of the court upon which

his conviction is based, the sentence, the signature of the judge, and the time-

stamp journalization by the clerk of court. State ex rel. Pruitt v. Cuyahoga Cty.

Court of Common Pleas, 125 Ohio St.3d 402, 2010-Ohio-1808, 928 N.E.2d 722, ¶

3. The entry specified that Cunningham was tried and was found guilty by the

court and that the court imposed no additional major-drug-offender term.

Consequently, Cunningham had an adequate remedy by appeal to raise the

SUPREME COURT OF OHIO

claimed sentencing errors. State ex rel. Cotton v. Russo, 125 Ohio St.3d 449,

2010-Ohio-2111, 928 N.E.2d 1092, ¶ 1.

Judgment affirmed.

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

O’DONNELL, LANZINGER, and CUPP, JJ., concur.

__________________

Willie Cunningham, pro se.

Gary A. Nasal, Miami County Prosecuting Attorney, and James R. Dicks

Jr., Assistant Prosecuting Attorney, for appellee.

______________________

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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