Barcus v. Marcelain

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[Cite as Barcus v. Marcelain, 2010-Ohio-4062.] COURT OF APPEALS LICKING COUNTY, OHIO FIFTH APPELLATE DISTRICT ROBERT M. BARCUS Petitioner -vsJUDGE THOMAS M. MARCELAIN Respondent JUDGES: Hon. W. Scott Gwin, P.J. Hon. William B. Hoffman, J. Hon. Sheila G. Farmer, J. : : : : : : : : : Case No. 10-CA-68 OPINION CHARACTER OF PROCEEDING: Writ JUDGMENT: Dismissed DATE OF JUDGMENT ENTRY: August 27, 2010 APPEARANCES: For Petitioner For Respondent TRACY F. VANWINKLE Assistant Prosecutor 20 South Second St., 4th Fl. Newark, OH 43055 ROBERT M. BARCUS PRO SE LONDON CORRECTIONAL INSTITUTION 1580 State Route 56 Box 69 London, OH 43140 [Cite as Barcus v. Marcelain, 2010-Ohio-4062.] Gwin, P.J. {¶1} Petitioner, Robert M. Barcus, has filed a Petition for Writ of Prohibition requesting the trial court be prevented from resentencing him. The Petition suggests Respondent failed to properly impose post-release control when Petitioner was sentenced in Licking County Case Number 02 CR 096. The State of Ohio filed a motion with Respondent requesting Petitioner be resentenced to include a term of post-release control. Since the instant Petition was filed, the State of Ohio has withdrawn its request to have Petitioner resentenced in Case Number 02 CR 096. {¶2} We find instant Petition has become moot because the relief requested has essentially been granted. See State ex rel. Fant v. Staples (1987), 33 Ohio St.3d 120, 515 N.E.2d 618 wherein the Supreme Court found a petition for writ of prohibition to be moot where the motion sought to be prohibited was withdrawn. {¶3} For this reason, the Petition for Writ of Prohibition is dismissed. {¶4} WRIT DISMISSED. {¶5} COSTS WAIVED. {¶6} IT IS SO ORDERED. By Gwin, P.J., Hoffman, J., and Farmer, J., concur _________________________________ HON. W. SCOTT GWIN _________________________________ HON. WILLIAM B. HOFFMAN _________________________________ HON. SHEILA G. FARMER WSG:clw 0826 [Cite as Barcus v. Marcelain, 2010-Ohio-4062.] IN THE COURT OF APPEALS FOR LICKING COUNTY, OHIO FIFTH APPELLATE DISTRICT ROBERT M. BARCUS Petitioner -vsJUDGE THOMAS M. MARCELAIN Respondent : : : : : : : : : : : JUDGMENT ENTRY CASE NO. 10-CA-68 For the reasons stated in our accompanying Memorandum-Opinion, the writ is dismissed. _________________________________ HON. W. SCOTT GWIN _________________________________ HON. WILLIAM B. HOFFMAN _________________________________ HON. SHEILA G. FARMER

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