State ex rel. Fields v. McGinty
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[Cite as State ex rel. Fields v. McGinty, 2009-Ohio-6476.] Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA JOURNAL ENTRY AND OPINION No. 94288 STATE OF OHIO EX REL., JAMES A. FIELDS RELATOR vs. HONORABLE JUDGE TIMOTHY J. MCGINTY RESPONDENT JUDGMENT: COMPLAINT DISMISSED Writ of Mandamus Order No. 428875 RELEASE DATE: December 8, 2009 2 FOR RELATOR James A. Fields, Jr., pro se Inmate No. 551-686 P.O. Box 59 Nelsonville, Ohio 45764 ATTORNEYS FOR RESPONDENT William D. Mason Cuyahoga County Prosecutor BY: Jennifer A. Driscoll Assistant County Prosecutor 8th Floor Justice Center 1200 Ontario Street Cleveland, Ohio 44113 LARRY A. JONES, J.: {¶ 1} Relator, James A. Fields, is the defendant in State v. Fields, Cuyahoga County Court of Common Pleas Case No. CR-482857. Respondent initially sentenced him to 12 years, four consecutive three-year terms. On appeal, this court held that the court of common pleas erred in imposing consecutive sentences and remanded the case. On remand, respondent resentenced Fields to concurrent terms of nine years on three counts and seven years on another count. {¶ 2} Fields requests that this court issue a writ of mandamus instructing the Respondent to give Relator the original sentence of three (3) years * * *. 3 Complaint, ad damnum clause. For the reasons stated below, we dismiss this action sua sponte. {¶ 3} We find that State ex rel. Hughley v. McMonagle, 123 Ohio St.3d 91, 2009-Ohio-4088, 914 N.E.2d 371, is controlling in this action. We affirm the judgment of the court of appeals denying the petition of appellant, Kevin Hughley, for a writ of mandamus to compel appellee, Cuyahoga County Common Pleas Court Judge Timothy McMonagle, to resentence him to correct an allegedly improper resentencing order. Hughley has or had adequate remedies in the ordinary course of law, e.g., appeal and postconviction relief, for review of any alleged sentencing error. State ex rel. Jaffal v. Calabrese, 105 Ohio St.3d 440, 2005-Ohio-2591, 828 N.E.2d 107, ¶5; see also State ex rel. Hughley v. McMonagle, 121 Ohio St.3d 536, 2009-Ohio-1703, 905 N.E.2d 1220, ¶1. Id. at ¶1. {¶ 4} Likewise, in this action, Fields has the same remedies available to him. As a consequence, his complaint in mandamus fails to state a claim upon which relief can be granted. {¶ 5} Accordingly, we dismiss this action sua sponte. Relator to pay costs. 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). Complaint dismissed. 4 LARRY A. JONES, JUDGE SEAN C. GALLAGHER, P.J., and FRANK D. CELEBREZZE, JR., J., CONCUR
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