State ex rel. Woods v. Dinkelacker (Slip Opinion)
State ex rel. Woods v. Dinkelacker (Slip Opinion)
Opinion
*142 {¶ 1} Appellant, Jeffery Woods, a.k.a. Jeffrey Woods, appeals the judgment of the First District Court of Appeals dismissing his petition for a writ of mandamus. For the reasons below, we affirm.
Background
{¶ 2} In 1986, Woods was convicted of rape, attempted rape, aggravated robbery, and robbery and sentenced to concurrent prison terms. Woods appealed, and the First District Court of Appeals affirmed.
1
State v. Woods
, 1st Dist. Hamilton Nos. C-860576 and C-870179,
{¶ 3} According to his mandamus petition, in 2014, Woods filed a motion in the trial court, seeking to correct his 1986 sentencing entry. He argued that the entry was void because the trial judge had not signed it. The trial court overruled the motion, and the court of appeals affirmed. In its decision, the court of appeals held that "the [1986] judgments satisfied the requirements for a 'judgment of conviction' then set forth in Crim.R. 32(B) (now, Crim.R. 32(C) )." State v. Woods , 1st Dist. Hamilton No. C-140606 (Aug. 12, 2015).
{¶ 4} In March 2017, Woods filed a petition for a writ of mandamus in the First District Court of Appeals. He sought an order compelling the trial court to issue a final, appealable order for his 1986 convictions and sentence. Woods again argued that the 1986 judgment entry was unsigned and therefore void.
*143 {¶ 5} Judge Dinkelacker filed a motion to dismiss, which the court of appeals granted. According to the court of appeals, the trial court's 1986 judgment was a final judgment. Woods's appeal from the judgment granting the motion to dismiss is before us.
Analysis
{¶ 6} A judgment entry is not "a final order subject to appeal under R.C. 2505.02" unless it includes "the judge's signature."
State v. Lester
,
{¶ 7} But even accepting as true Woods's assertion that the entry was unsigned, res judicata bars him from raising his claim that the entry did not comply with Crim.R. 32.
See
State ex rel. Newell v. Gaul
,
{¶ 8} We also deny Woods's motion for oral argument. Oral argument in a direct appeal is discretionary. S.Ct.Prac.R. 17.02(A). None of the factors we normally consider in granting a motion for oral argument exists in this case.
See
State ex rel. Manley v. Walsh,
Judgment affirmed.
O'Connor, C.J., and O'Donnell, Kennedy, French, and O'Neill, JJ., concur.
Fischer and DeWine, JJ., not participating.
Woods later filed unsuccessful petitions for state postconviction relief, state habeas corpus relief, and federal habeas corpus relief.
See
State v. Woods,
1st Dist. Hamilton No. C-010422,
Reference
- Full Case Name
- The State Ex Rel. Woods, Appellant, v. Dinkelacker, Judge, Appellee.
- Cited By
- 8 cases
- Status
- Published
- Syllabus
- Mandamus-Writ of mandamus sought to compel trial court to issue new order of conviction and sentence-Claim barred by res judicata-Court of appeals' dismissal of petition affirmed.