State ex rel. Rose v. McGinty
Annotate this Case
Download PDF
[Cite as State ex rel. Rose v. McGinty, 2010-Ohio-5020.] Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA JOURNAL ENTRY AND OPINION No. 95451 STATE OF OHIO, EX REL. FLOYD ROSE RELATOR vs. HONORABLE TIMOTHY J. MCGINTY RESPONDENT JUDGMENT: WRIT DENIED Writ of Procedendo Motion No. 436509 Order No. 437972 RELEASE DATE: October 13, 2010 2 FOR RELATOR Floyd Rose, pro se Inmate # 523-596 Richland Correctional Institution P.O. Box 8107 Mansfield, Ohio 44901 ATTORNEYS FOR RESPONDENT William D. Mason Cuyahoga County Prosecutor By: James E. Moss Assistant County Prosecutor 8th Floor Justice Center 1200 Ontario Street Cleveland, Ohio 44113 MARY J. BOYLE, J.: {¶ 1} Floyd Rose, the relator, has filed a complaint for a writ of procedendo. Rose seeks an order from this court, which requires Judge Timothy J. McGinty, the respondent, to re-enter a judgment entry of conviction and sentence in the underlying action of State v. Rose, Cuyahoga County Court of Common Pleas Case No. CR-492008. Judge McGinty has 3 filed a motion for summary judgment, which we grant for the following reasons. {¶ 2} Rose, through his complaint for a writ of procedendo, argues that the sentencing journal entry of March 27, 2007, fails to comport with the requirements of Crim.R. 32(C) and R.C. 2505.02. Contrary to Rose s argument, the sentencing journal entry of March 27, 2007, is not defective and fully complies with Crim.R. 32(C) and R.C. 2505.02. The Supreme Court of Ohio, in State v. Baker, 119 Ohio St.3d 197, 2008-Ohio-3330, 893 N.E.2d 163, established that a sentencing journal entry is a final appealable order under R.C. 2505.02 and complies with Crim.R. 32(C) when it sets forth: (1) the guilty plea, the jury verdict, or the finding of the court upon which the conviction is based; (2) the sentence; (3) the signature of the judge; and (4) entry on the journal by the clerk of the court. Herein, Judge McGinty s sentencing journal entry sets forth (1) the plea of guilty; (2) the sentence with regard to the offenses of robbery and failure to comply with order or signal of a police officer; (3) the signature of Judge McGinty; and (4) entry on the journal by the clerk of court. The sentencing journal entry fully complies with Baker. Thus, Judge McGinty possesses no duty to re-sentence Rose. State ex rel. Barr v. Sutula, 126 Ohio St.3d 193, 2010-Ohio-3213, 931 N.E.2d 1078; State ex rel. Pruitt v. Cuyahoga Cty. Court of Common Pleas, 125 Ohio 4 St.3d 402, 2010-Ohio-1808, 928 N.E.2d 722. Accordingly, we grant Judge McGinty s motion for summary judgment. Costs to Rose. It is further ordered that the Clerk of the Eighth District Court of Appeals serve notice of this judgment upon all parties as required by Civ.R. 58(B). Writ denied. MARY J. BOYLE, JUDGE SEAN C. GALLAGHER, A.J., and FRANK D. CELEBREZZE, JR., J., CONCUR
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
