Smith v. Warren

Ohio Supreme Court
Smith v. Warren, 2000 Ohio 223 (Ohio 2000)
89 Ohio St. 3d 467

Smith v. Warren

Opinion

[This opinion has been published in Ohio Official Reports at 89 Ohio St.3d 467.]

SMITH, APPELLANT, v. WARREN, JUDGE, APPELLEE. [Cite as Smith v. Warren, 2000-Ohio-223.] Prohibition—Writ sought to compel common pleas court judge to vacate fines assessed as part of relator’s criminal convictions and sentence, and to return $4,774 to relator—Dismissal of complaint by court of appeals affirmed. (No. 00-429—Submitted June 6, 2000—Decided August 16, 2000.) APPEAL from the Court of Appeals for Allen County, No. CA99120103. __________________ {¶ 1} In December 1999, appellant, Tobe Smith, filed a complaint in the Court of Appeals for Allen County for a writ of prohibition to compel appellee, Allen County Common Pleas Court Judge Richard K. Warren, to vacate fines assessed as part of Smith’s criminal convictions and sentence, and to return $4,774 to Smith. The court of appeals granted Judge Warren’s motion and dismissed the complaint. {¶ 2} This cause is now before the court upon an appeal as of right. __________________ Tobe Smith, pro se. Jana E. Gutman, Allen County Assistant Prosecuting Attorney, for appellee. __________________ Per Curiam. {¶ 3} Smith asserts that the court of appeals erred in dismissing his prohibition action. Smith’s assertion is meritless. {¶ 4} Prohibition will not issue if relator has an adequate remedy in the ordinary course of law. State ex rel. Kreps v. Christiansen (2000), 88 Ohio St.3d SUPREME COURT OF OHIO

313, 316, 725 N.E.2d 663, 667. Appeal, not prohibition, is the remedy for the correction of errors or irregularities of a court having proper jurisdiction. State ex rel. Jackson v. Miller (1998), 83 Ohio St.3d 541, 543, 700 N.E.2d 1273, 1275. Smith’s assertion of sentencing error is nonjurisdictional, and he had an adequate remedy by appeal to raise this issue. Smith v. Walker (1998), 83 Ohio St.3d 431, 432, 700 N.E.2d 592. Therefore, he was not entitled to the requested extraordinary relief in prohibition. {¶ 5} Based on the foregoing, we affirm the judgment of the court of appeals. Judgment affirmed. MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER, COOK and LUNDBERG STRATTON, JJ., concur. __________________

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Reference

Status
Published
Syllabus
Prohibition—Writ sought to compel common pleas court judge to vacate fines assessed as part of relator's criminal convictions and sentence, and to return $4,774 to relator—Dismissal of complaint by court of appeals affirmed.