State ex rel. Williams v. McGinty
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[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State ex rel. Williams v. McGinty, Slip Opinion No. 2011-Ohio-2641.] 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-2641 THE STATE EX REL. WILLIAMS, APPELLANT, v. MCGINTY, JUDGE, APPELLEE. [Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State ex rel. Williams v. McGinty, Slip Opinion No. 2011-Ohio-2641.] Appeal from dismissal of a petition for a writ of procedendo No error in sentencing entry Judgment affirmed. (No. 2011-0174 Submitted May 25, 2011 Decided June 7, 2011.) APPEAL from the Court of Appeals for Cuyahoga County, No. 95690, 2010-Ohio-6202. _____________________ Per Curiam. {¶ 1} We affirm the judgment of the court of appeals denying the request of appellant, Larry Williams, for a writ of procedendo to compel appellee, Cuyahoga County Court of Common Pleas Judge Timothy J. McGinty, to issue a valid final, appealable order in his criminal case. Judge McGinty s December 2009 sentencing entry in the criminal case fully complied with Crim.R. 32(C) by including the findings of the court and guilty pleas entered by Williams upon SUPREME COURT OF OHIO which his convictions were based, the sentence, the signature of the judge, and the entry on the journal by the clerk of court. See State ex rel. Cunningham v. Lindeman, 126 Ohio St.3d 481, 2010-Ohio-4388, 935 N.E.2d 393, ¶ 1. {¶ 2} Insofar as Judge McGinty ordered the sheriff to calculate the jailtime credit, he erred in doing so; the calculation of jail-time credit is the judge s duty. State ex rel. Corder v. Wilson (1991), 68 Ohio App.3d 567, 589 N.E.2d 113; State ex rel. Summers v. Saffold, Cuyahoga App. No. 82546, 2003-Ohio3542. But this error was remediable in the ordinary course of law by appeal or motion for jail-time credit. See State ex rel. Jones v. O Connor (1999), 84 Ohio St.3d 426, 704 N.E.2d 1223. Judgment affirmed. O CONNOR, C.J., and PFEIFER, LUNDBERG STRATTON, O DONNELL, LANZINGER, CUPP, and MCGEE BROWN, JJ., concur. _____________________ Larry Williams, pro se. William D. Mason, Cuyahoga County Prosecuting Attorney, and James E. Moss, Assistant Prosecuting Attorney, for appellee. _____________________ 2
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