State ex rel. Cunningham v. Lindeman

Ohio Supreme Court
State ex rel. Cunningham v. Lindeman, 2010 Ohio 4388 (Ohio 2010)
126 Ohio St. 3d 481; 935 N.E.2d 393
Brown, Pfeifer, Stratton, O'Connor, O'Donnell, Lanzinger, Cupp

State ex rel. Cunningham v. Lindeman

Opinion

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 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.

Reference

Full Case Name
The State Ex Rel. Cunningham, Appellant, v. Lindeman, Judge, Appellee
Cited By
18 cases
Status
Published