Wuescher v. Whitney, 07cad110064 (1-15-2008)
Wuescher v. Whitney, 07cad110064 (1-15-2008)
Opinion of the Court
{¶ 2} Relator was convicted of Trafficking in Drugs, a felony of the third degree, and Trafficking in Drugs, a felony of the fourth degree. He was sentenced to a period of three years on the first count and to a term of community control on the felony of the fourth degree. In addition, the court imposed various court costs.
{¶ 3} To be entitled to the issuance of a writ of mandamus, relator must demonstrate: (1) a clear legal right to the relief prayed for; (2) a clear legal duty on the respondent's part to perform the act; and, (3) that there exists no plain and adequate remedy in the ordinary course of law. State ex rel. Master v. Cleveland (1996),
{¶ 4} The appropriate forum for challenging court costs is by way of appeal from the sentencing entry; therefore, an adequate remedy at law exists for making such a challenge. See State of Ohio ex rel. Biros v.Logan,
{¶ 5} Relator has not demonstrated the necessary elements for the issuance of a writ of mandamus. We find Relator has or had an adequate remedy at law by way of a direct appeal of his sentence, therefore, the writ will not issue.
{¶ 6} WRIT DENIED.
Hoffman, P.J., Wise, J. and Edwards concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.