State ex rel. Rhodes v. Tobin, Judge
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[Cite as State ex rel. Rhodes v. Tobin, Judge, 2001-Ohio-3183.] STATE OF OHIO, COLUMBIANA COUNTY IN THE COURT OF APPEALS SEVENTH DISTRICT STATE EX REL. JAMES V. RHODES, RELATOR, - VS JUDGE DAVID TOBIN, COLUMBIANA COUNTY COMMON PLEAS COURT, RESPONDENT. ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. 2001-CO-25 OPINION AND JOURNAL ENTRY CHARACTER OF PROCEEDINGS: Petition for Writ of Mandamus JUDGMENT: Petition Dismissed APPEARANCES: For Relator: James V. Rhodes, Pro Se #388-123 Mansfield Correctional Inst. P.O. Box 788 Mansfield, Ohio 44901 For Respondent: Attorney Robert L. Herron Columbiana County Prosecutor Columbiana County Courthouse Lisbon, Ohio 44432 JUDGES: Hon. Joseph J. Vukovich - 2 - Hon. Cheryl L. Waite Hon. Mary DeGenaro Dated: August 29, 2001 PER CURIAM. {¶1} On June 22, 2001, Pro Se Relator filed a Petition for Writ of Mandamus seeking an order from this Court to command Respondent to correct Relator s sentence in Common Pleas Court case number 99-CR-321. {¶2} For a Writ of Mandamus to be granted, the Relator must demonstrate: (1) that Relator has no plain and adequate remedy in the ordinary course of law; (2) that Respondent is under a clear legal duty to perform some act or acts; and (3) that Relator has a clear legal right to the relief prayed for. See State ex REL. Berger v. McMonagle (1983), 6 Ohio St.3d 28. {¶3} On September 20, 2000, Relator filed a Motion for Leave to File a Delayed Appeal from his May 1, 2000 sentencing. On October 18, 2000, this Court denied Relator s motion finding no justification in his delay of over three and one half months in filing his appeal. October 31, 2000, Relator filed an Reconsideration of the dismissal order. Application On for On May 14, 2001, this Court granted Relator s Application for Reconsideration and assigned the Ohio Public Defender to assist Relator in his appeal in appellate case number 2000-CO-60. On July 14, 2001, Relator filed his appellate brief in case number 2000CO-60. by {¶4} Accordingly, Relator has an adequate remedy at law virtue of his direct appeal and this Petition is dismissed. {¶5} Final order. Costs taxed to Relator. - 3 - {¶6} Clerk to serve a copy of this order in the parties as provided by the Civil Rules. Vukovich, J., concurs. Waite, J., concurs. DeGenaro, J., concurs.
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