State ex rel. Duncan v. DeWeese

Ohio Supreme Court
State ex rel. Duncan v. DeWeese, 2012 Ohio 3835 (Ohio 2012)
132 Ohio St. 3d 525
O'Connor, Pfeifer, Stratton, O'Donnell, Lanzinger, Cupp, Brown

State ex rel. Duncan v. DeWeese

Opinion

Per Curiam.

{¶ 1} We affirm the judgment of the court of appeals dismissing the petition of appellant, Roy Duncan, for a writ of mandamus to compel appellee, Richland County Common Pleas Court Judge James DeWeese, to issue a new sentencing entry. Duncan asserts that his current sentencing entry is not a final, appealable order.

{¶ 2} Contrary to Duncan’s assertion, to be final and appealable, the sentencing entry did not need to contain a disposition concerning specifications that Duncan was charged with but was not convicted of. See State ex rel. Rose v. McGinty, 128 Ohio St.3d 371, 2011-Ohio-761, 944 N.E.2d 672, ¶ 3; State ex rel. Davis v. Cuyahoga Cty. Court of Common Pleas, 127 Ohio St.3d 29, 2010-Ohio-4728, 936 N.E.2d 41, ¶ 2.

*526 Roy Duncan, pro se. James J. Mayer Jr., Richland County Prosecuting Attorney, and Jill M. Cochran, Assistant Prosecuting Attorney, for respondent.

{¶ 3} The December 8, 2009 sentencing entry for Duncan fully complies with Crim.R. 32(C) and R.C. 2505.02 because it states that he was convicted by a jury of specified crimes, it sets forth the sentence, it is signed by the judge, and it was entered upon the journal by the clerk of court. 1 Rose at ¶ 2.

{¶ 4} Therefore, Duncan is not entitled to the requested extraordinary relief in mandamus to compel Judge DeWeese to enter a new sentencing entry.

Judgment affirmed.

O’Connor, C.J., and Pfeifer, Lundberg Stratton, O’Donnell, Lanzinger, Cupp, and McGee Brown, JJ., concur.
1

. The entry orders Duncan to “pay restitution for medical expenses to Kathy Ward, Richard Miller, or providers.” In a subsequent entry denying Duncan’s motion for resentencing, the court stated that Duncan owed no monetary restitution. The entries thus resolved any issue concerning restitution.

Reference

Full Case Name
The State Ex Rel. Duncan, Appellant, v. DeWeese, Judge, Appellee
Cited By
1 case
Status
Published