Ohio Supreme Court, 2010

State ex rel. Alicea v. Krichbaum

Ohio Supreme Court · Decided July 14, 2010 · Brown, Pfeifer, Stratton, O'Connor, O'Donnell, Lanzinger, Cupp

2010 Ohio 3234; 126 Ohio St. 3d 194

Cases that cite this one

18 later published cases cite this decision.

State v. Lester (Ohio 2011)
State ex rel. DeWine v. Burge (Ohio 2011)
State ex rel. DeWine v. Burge (Ohio 2011)
In re H.B. (Ohio Ct. App. 2025)
State v. Bates (Ohio Ct. App. 2019)
State ex rel. Winfree v. McDonald (Slip Opinion) (Ohio 2016)
State v. Camara (Ohio Ct. App. 2015)
State v. Davis (Ohio Ct. App. 2014)
State v. Barber (Ohio Ct. App. 2012)
State v. Harris (Ohio Ct. App. 2012)
State v. Kendrick (Ohio Ct. App. 2012)
State v. Ross (Ohio Ct. App. 2012)
State v. Walker (Ohio Ct. App. 2012)
State ex rel. Richardson v. Suster (Ohio 2011)
State ex rel. Mack v. Collier (Ohio 2011)
State ex rel. Scheck v. Collier (Ohio 2011)
State v. Avery (Ohio Ct. App. 2011)
State v. Bonnell (Ohio Ct. App. 2011)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.