State ex rel. McKinney v. McKay

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After Appellant Jermaine McKinney was convicted and sentenced in a criminal case, Appellant petitioned for writs of mandamus and procendendo to compel Appellee, a county court of common pleas judge, to issue a final, appealable order in his criminal case. The court of appeals dismissed the petition. The Supreme Court affirmed, holding (1) the judge's sentencing entry in the criminal case fully complied with Ohio. R. Crim. P. 32(C) by including the findings of the jury upon which Appellant's convictions were based, the sentence, the signature of the judge, and the clerk's time stamp; and (2) Appellant had an adequate remedy by appeal to raise the claim that the judge erred in his sentencing entry.

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[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State ex rel. McKinney v. McKay, Slip Opinion No. 2011-Ohio-6397.] NOTICE This slip opinion is subject to formal revision before it is published in an advance sheet of the Ohio Official Reports. Readers are requested to promptly notify the Reporter of Decisions, Supreme Court of Ohio, 65 South Front Street, Columbus, Ohio 43215, of any typographical or other formal errors in the opinion, in order that corrections may be made before the opinion is published. SLIP OPINION NO. 2011-OHIO-6397 THE STATE EX REL. MCKINNEY, APPELLANT, v. MCKAY, JUDGE, APPELLEE. [Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State ex rel. McKinney v. McKay, Slip Opinion No. 2011-Ohio-6397.] Neither mandamus nor procedendo will compel the performance of a duty that has already been performed Court of appeals judgment dismissing petition for writs of mandamus and procedendo affirmed. (No. 2011-1403 Submitted December 7, 2011 Decided December 15, 2011.) APPEAL from the Court of Appeals for Trumbull County, No. 2011-T-0039, 2011-Ohio-3756. __________________ Per Curiam. {¶ 1} We affirm the judgment of the court of appeals dismissing the petition of appellant, Jermaine McKinney, for writs of mandamus and procedendo to compel appellee, Trumbull County Court of Common Pleas Judge W. Wyatt McKay, to issue a final, appealable order in his criminal case. Neither mandamus nor procedendo will compel the performance of a duty that has already been SUPREME COURT OF OHIO performed. See State ex rel. Rose v. McGinty, 123 Ohio St.3d 86, 2009-Ohio4050, 914 N.E.2d 366, ¶ 2. Judge McKay s December 11, 2006 sentencing entry in the criminal case fully complied with Crim.R. 32(C) by including the findings of the jury upon which his convictions were based, the sentence, the signature of the judge, and the time stamp indicating entry upon the journal by the clerk of court. See State ex rel. Williams v. McGinty, 129 Ohio St.3d 275, 2011-Ohio2641, 951 N.E.2d 755, ¶ 1. Insofar as McKinney asserts that Judge McKay erred in his sentencing entry by stating that he was convicted of first-degree kidnapping instead of second-degree kidnapping, McKinney had an adequate remedy by appeal to raise the claimed sentencing error. State ex rel. Cunningham v. Lindeman, 126 Ohio St.3d 481, 2010-Ohio-4388, 935 N.E.2d 393, ¶ 1. Judgment affirmed. O CONNOR, C.J., and PFEIFER, LUNDBERG STRATTON, O DONNELL, LANZINGER, CUPP, and MCGEE BROWN, JJ., concur. __________________ Jermaine McKinney, pro se. Dennis Watkins, Trumbull County Prosecuting Attorney, and LuWayne Annos, Assistant Prosecuting Attorney, for appellee. ______________________ 2

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