State ex rel. Smith v. Lewis

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[Cite as State ex rel. Smith v. Lewis, 2012-Ohio-4257.] COURT OF APPEALS PERRY COUNTY, OHIO FIFTH APPELLATE DISTRICT STATE EX REL., OREN KEITH SMITH Relator -vsHONORABLE JUDGE LINDON (SIC) D. LEWIS : : : : : : : : : JUDGES: Hon. W. Scott Gwin, P.J. Hon. William B. Hoffman, J. Hon. Sheila G. Farmer, J. Case No. 2012-CA-9 OPINION Respondent CHARACTER OF PROCEEDING: Petition for Writs of Prohibition and Mandamus JUDGMENT: Dismissed DATE OF JUDGMENT ENTRY: September 14, 2012 APPEARANCES: For Relator For Respondent OREN KEITH SMITH, PRO SE #A254706.00 Pickaway Correctional Inst. 11781 St. Rt. 762 P.O. Box 209 Orient, OH 43146 JOSEPH A. FLAUTT Prosecuting Attorney [Cite as State ex rel. Smith v. Lewis, 2012-Ohio-4257.] Gwin, P.J. {¶1} Relator, Oren Smith, has filed a Petition for writ of prohibition. It appears Relator is arguing that a writ of prohibition should issue because the trial court s actions were void. Respondent has filed a motion to dismiss for failure to state a claim upon which relief may be granted. {¶2} If a lower court patently and unambiguously lacks jurisdiction to proceed in a cause, prohibition * * * will issue to prevent any future unauthorized exercise of jurisdiction and to correct the results of prior jurisdictionally unauthorized actions. State ex rel. Mayer v. Henson, 97 Ohio St.3d 276, 2002-Ohio-6323, 779 N.E.2d 223, ¶ 12. {¶3} Relator suggests the acts of convicting and sentencing him were void because the trial court failed to comply with Crim. R. 3, 5, 7, 10. Relator fails to include even one fact in his petition to support his contention that the trial court failed to comply with these rules. He merely makes a conclusory statement. {¶4} Further, Relator argues the alleged failure of the trial court to comply with these rules resulted in the trial court s lack of subject matter jurisdiction over the underlying case. Relator was charged by a bill of information with one Count of Rape and three counts of Gross Sexual Imposition. {¶5} We find the trial court did have subject matter jurisdiction pursuant to R.C. 2931.03 which provides, The court of common pleas has original jurisdiction of all crimes and offenses, except in cases of minor offenses the exclusive jurisdiction of which is vested in courts inferior to the court of common pleas. Perry County, Case No. 2012-CA-9 {¶6} 3 Because the trial court did have subject matter jurisdiction over the Relator s criminal case and because the trial court did not patently and unambiguously lack jurisdiction, a writ of prohibition will not lie. {¶7} As to the mandamus claim, the petition fails to state any facts or allegations in support of the issuance of the writ of mandamus. {¶8} Respondent s Motion to Dismiss is granted, and the Petition is dismissed for failure to state a claim upon which relief may be granted. By Gwin, P.J., Hoffman, J., and Farmer, J., concur _________________________________ HON. W. SCOTT GWIN _________________________________ HON. WILLIAM B. HOFFMAN _________________________________ HON. SHEILA G. FARMER WSG:clw 0904 [Cite as State ex rel. Smith v. Lewis, 2012-Ohio-4257.] IN THE COURT OF APPEALS FOR PERRY COUNTY, OHIO FIFTH APPELLATE DISTRICT STATE EX REL., OREN KEITH SMITH Relator -vsHONORABLE JUDGE LINDON (SIC) D. LEWIS Respondents : : : : : : : : : : : : JUDGMENT ENTRY CASE NO. 2012-CA-9 For the reasons stated in our accompanying Memorandum-Opinion, the Petition is dismissed for failure to state a claim upon which relief may be granted. Costs to Relator. _________________________________ HON. W. SCOTT GWIN _________________________________ HON. WILLIAM B. HOFFMAN _________________________________ HON. SHEILA G. FARMER

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