State ex rel. Wilson v. McGee

Ohio Supreme Court
State ex rel. Wilson v. McGee, 2009 Ohio 5261 (Ohio 2009)
123 Ohio St. 3d 341; 916 N.E.2d 480
Moyer, Pfeifer, Stratton, O'Connor, O'Donnell, Lanzinger, Cupp

State ex rel. Wilson v. McGee

Opinion

Per Curiam.

{¶ 1} We affirm the judgment of the court of appeals dismissing the petition of appellant, Lawrence E. Wilson, for a writ of mandamus to correct his sentence. The common pleas court was authorized under Crim.R. 36 to correct its clerical error in mistakenly characterizing the degree of the offense of which Wilson was convicted. See State ex rel. Cruzado v. Zaleski, 111 Ohio St.3d 353, 2006-Ohio-5795, 856 N.E.2d 263, ¶ 19. Moreover, Wilson had an adequate remedy by appeal to raise his claim of noncompliance with Crim.R. 32. Id. at ¶ 32. Finally, Wilson waived this claim on appeal by failing to raise it in his petition in the court of *342 appeals and by not seeking to amend his petition. See State ex rel. R.W. Sidley, Inc. v. Crawford, 100 Ohio St.3d 113, 2003-Ohio-5101, 796 N.E.2d 929, ¶ 32.

Lawrence E. Wilson, pro se. Mathias H. Heck Jr., Montgomery County Prosecuting Attorney, and John A. Cumming, Assistant Prosecuting Attorney, for appellee.

Judgment affirmed.

Moyer, C.J., and Pfeifer, Lundberg Stratton, O’Connor, O’Donnell, Lanzinger, and Cupp, JJ., concur.

Reference

Full Case Name
The State Ex Rel. Wilson, Appellant, v. McGee, Judge, Appellee
Status
Published