State ex rel. Alicea v. Krichbaum

Ohio Supreme Court
State ex rel. Alicea v. Krichbaum, 2010 Ohio 3234 (Ohio 2010)
126 Ohio St. 3d 194
Brown, Pfeifer, Stratton, O'Connor, O'Donnell, Lanzinger, Cupp

State ex rel. Alicea v. Krichbaum

Opinion

Per Curiam.

{¶ 1} We affirm the judgment of the court of appeals dismissing the complaint of appellant, Clemente Alicea, for a writ of mandamus to compel appellee, Mahoning County Court of Common Pleas Judge R. Scott Krichbaum, to hold a new sentencing hearing. Alicea claims that his 1999 sentencing entry was not a final, appealable order because it did not include any indication of the manner of his conviction as required by Crim.R. 32(C).

{¶ 2} Alicea’s claim lacks merit for two reasons. First, the remedy for a failure to comply with Crim.R. 32(C) is a revised sentencing entry rather than a new hearing. State ex rel. Culgan v. Medina Cty. Court of Common Pleas, 119 Ohio St.3d 535, 2008-Ohio-4609, 895 N.E.2d 805, ¶ 8-10. Second, Alicea’s sentencing entry fully complied with Crim.R. 32(C) and State v. Baker, 119 Ohio St.3d 197, 2008-0hio-3330, 893 N.E.2d 163, syllabus. The entry specified that Alicea was found guilty of rape after a jury trial. Therefore, the sentencing entry constituted a final, appealable order, and Alicea is not entitled to a new sentencing entry. State ex rel. Pruitt v. Cuyahoga Cty. Court of Common Pleas, 125 Ohio St.3d 402, 2010-Ohio-1808, 928 N.E.2d 722.

*195 Clemente Alicea, pro se. Paul J. Gains, Mahoning County Prosecuting Attorney, and Ralph M. Rivera, Assistant Prosecuting Attorney, for appellee.

{¶ 3} Therefore, the court of appeals properly dismissed Alicea’s complaint for a writ of mandamus.

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. Alicea, Appellant, v. Krichbaum, Judge, Appellee
Cited By
22 cases
Status
Published