State ex rel. Paige v. Corrigan
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[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State ex rel. Paige v. Corrigan, Slip Opinion No. 2011-Ohio-4057.] 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-4057 THE STATE EX REL. PAIGE, APPELLANT, v. CORRIGAN, JUDGE, APPELLEE. [Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State ex rel. Paige v. Corrigan, Slip Opinion No. 2011-Ohio-4057.] Habeas corpus Adequate remedy by appeal to correct sentencing error Denial of writ affirmed. (No. 2011-0478 Submitted August 8, 2011 Decided August 17, 2011.) APPEAL from the Court of Appeals for Cuyahoga County, No. 95864, 2011-Ohio-743. __________________ Per Curiam. {¶ 1} We affirm the judgment of the court of appeals denying the request of appellant, Arnold Paige, for a writ of mandamus to compel appellee, Cuyahoga County Court of Common Pleas Judge Peter Corrigan, to vacate his sentence and resentence him. Paige had an adequate remedy by way of direct appeal from his sentence to raise his claim that he did not receive proper notification about postrelease control at his sentencing hearing. Briseno v. Cook, 121 Ohio St.3d SUPREME COURT OF OHIO 38, 2009-Ohio-308, 901 N.E.2d 798, ¶ 1; Patterson v. Ohio Adult Parole Auth., 120 Ohio St.3d 311, 2008-Ohio-6147, 898 N.E.2d 950, ¶ 8. Paige also had an adequate remedy by appeal to raise his claims that his March 2004 sentencing entry contained incorrect terms of postrelease control. State ex rel. Tucker v. Forchione, 128 Ohio St.3d 298, 2010-Ohio-6291, 943 N.E.2d 1006, ¶ 1; State ex rel. Pruitt v. Cuyahoga Cty. Court of Common Pleas, 125 Ohio St.3d 402, 2010Ohio-1808, 928 N.E.2d 722, ¶ 4. This disposition renders moot Judge Corrigan s motion to strike Paige s merit brief. Judgment affirmed. O CONNOR, C.J., and PFEIFER, LUNDBERG STRATTON, O DONNELL, LANZINGER, CUPP, and MCGEE BROWN, JJ., concur. __________________ Arnold Paige, pro se. ______________________ 2
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