State ex rel. Lester v. Pepple

Ohio Supreme Court
State ex rel. Lester v. Pepple, 2011 Ohio 5756 (Ohio 2011)
130 Ohio St. 3d 353
Brown, Cupp, Lanzinger, Lundberg, McGee, O'Connor, O'Donnell, Pfeifer, Stratton

State ex rel. Lester v. Pepple

Opinion

Per Curiam.

{¶ 1} We affirm the judgment of the court of appeals dismissing the petition of appellant, Stephen M. Lester, for writs of mandamus and procedendo to compel appellee, Auglaize County Common Pleas Court Judge Frederick D. Pepple, to issue a final and appealable sentencing entry in his criminal case. Neither mandamus nor procedendo will lie to compel an act that has already been performed. See State ex rel. Rose v. McGinty, 123 Ohio St.3d 86, 2009-Ohio-4050, 914 N.E.2d 366, ¶ 2. As we held in a separate appeal by Lester, his original sentencing entry constituted a final, appealable order even though it lacked a specification concerning the manner of his conviction. State v. Lester, 130 Ohio St.3d 303, 2011-Ohio-5204, 958 N.E.2d 142, paragraphs one and two of the syllabus.

Judgment affirmed.

O’Connor, C.J., and Pfeifer, Lundberg Stratton, O’Donnell, Cupp, and McGee Brown, JJ., concur. Lanzinger, J., concurs in judgment only. *354 Stephen M. Lester, pro se. Edwin A. Pierce, Auglaize County Prosecuting Attorney, for appellee.

Reference

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