State v. Sherman, Unpublished Decision (11-19-2003)
State v. Sherman, Unpublished Decision (11-19-2003)
Opinion of the Court
Respondent has filed a motion for summary judgment attached to which are copies of journal entries issued by respondent and received for filing by the clerk on July 3, 2003 in which respondent stated that he had previously granted and corrected jail time credit as requested by Sherman and held that Sherman's motion was moot. Relator has not opposed the motion. Respondent argues that he has discharged his duty. Respondent also argues that the proper remedy for challenging a trial court's determination of jail time credit is appeal not mandamus. Stateex rel. Johnson v. O'Donnell (Oct. 4, 1994), Cuyahoga App. No. 67783. We agree.
Additionally, a review of the dockets in Case Nos. CR-405677, 407850 and 429942 reflects that respondent issued a clarifying journal entry which was received for filing by the clerk on August 13, 2003. In that entry, respondent granted Sherman 112 days jail time credit.
The complaint is also defective. Although R.C.
Accordingly, respondent's motion for summary judgment is granted. Relator to pay costs. The clerk is directed to serve upon the parties notice of this judgment and its date of entry upon the journal. Civ.R. 58(B).
Writ denied.
Anne Dyke, P.J., and Frank D. Celebrezze, Jr., J., Concurs
Case-law data current through December 31, 2025. Source: CourtListener bulk data.