State ex rel. Martin v. Synenberg

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[Cite as State ex rel. Martin v. Synenberg, 2011-Ohio-6482.] Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA JOURNAL ENTRY AND OPINION No. 97182 STATE OF OHIO, EX REL. TRAMAINE E. MARTIN RELATOR vs. HON. JUDGE JOAN C. SYNENBERG RESPONDENT JUDGMENT: WRIT DENIED Writ of Procedendo Motion No. 447733 Order No. 450049 RELEASE DATE: December 13, 2011 ï ­2ï ­ FOR RELATOR Tramaine E. Martin Inmate #584-538 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 COLLEEN CONWAY COONEY, J.: {¶ 1} On August 19, 2011, the relator, Tramaine Martin, commenced this procedendo action against the respondent, Judge Joan Synenberg, to compel the judge to rule on a motion to vacate postrelease control sanctions which he filed on January 25, 2011, in the underlying case, State v. Martin, Cuyahoga County Common Pleas Court Case No. CR-468883. On September 14, 2011, the respondent moved for summary judgment on the grounds of mootness. Attached to the dispositive motion was a certified copy of a September 13, 2011 journal entry which granted the subject motion in ï ­3ï ­ part and denied it in part. The judge ruled that to the extent that the sentence did not include the statutorily mandated terms of postrelease control, that part of the sentence is void; the rest of Martin s sentence remains valid. Martin did not oppose the respondent s motion. This establishes that Martin has received his requested relief, a resolution of the subject motion. Thus, this action is moot. {¶ 2} Accordingly, the court grants the respondent s motion for summary judgment and denies the application for a writ of procedendo. Costs assessed against the respondent. The clerk is directed to serve upon the parties notice of this judgment and its date of entry upon the journal. Civ.R. 58(B). ___________________________________________________ COLLEEN CONWAY COONEY, PRESIDING JUDGE SEAN C. GALLAGHER, J., and KATHLEEN ANN KEOUGH, J., CONCUR

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