State ex rel. Davis v. Ewers
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[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as Davis v. Ewers, Slip Opinion No. 2011-Ohio-5790.] 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-5790 THE STATE EX REL. DAVIS, APPELLANT, v. EWERS, JUDGE, APPELLEE. [Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as Davis v. Ewers, Slip Opinion No. 2011-Ohio-5790.] Criminal procedure Judgment entry of conviction sufficient Writ of mandamus denied. (No. 2010-1605 Submitted November 2, 2011 Decided November 15, 2011.) APPEAL from the Court of Appeals for Lorain County, No. 10CA009828. __________________ Per Curiam. {¶ 1} We affirm the judgment of the court of appeals dismissing the complaint of appellant, Benson Davis, a.k.a. Ian Davis, for a writ of mandamus to compel appellee, Lorain County Court of Common Pleas Judge Raymond J. Ewers, to issue sentencing entries in his criminal cases that comply with Crim.R. 32(C) so as to constitute final, appealable orders. Mandamus will not compel the performance of an act that has already been performed. State ex rel. Dehler v. Kelly, 123 Ohio St.3d 297, 2009-Ohio-5259, 915 N.E.2d 1223, ¶ 1. As the court of appeals correctly determined, Davis s original sentencing entries in September SUPREME COURT OF OHIO 1994 complied with Crim.R. 32(C) sufficiently to constitute final, appealable orders. State v. Lester, ___ Ohio St.3d ___, 2011-Ohio-5204, ___ N.E.2d ___, paragraph one of the syllabus. The omission of the manner of the conviction in these sentencing entries did not prevent the judgments from being final, appealable orders. Id. Judgment affirmed. O CONNOR, C.J., and PFEIFER, LUNDBERG STRATTON, O DONNELL, CUPP, and MCGEE BROWN, JJ., concur. LANZINGER, J., concurs in judgment only. __________________ Benson Davis, pro se. Dennis P. Will, Lorain County Prosecuting Attorney, and M. Robert Flanagan, Assistant Prosecuting Attorney, for appellee. _____________________ 2
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