State ex rel. Barr v. Sutula

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[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State ex rel. Barr v. Sutula, Slip Opinion No. 2012-Ohio-2790.] 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. 2012-OHIO-2790 STATE EX REL. BARR, APPELLANT, v. SUTULA, JUDGE, APPELLEE. [Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State ex rel. Barr v. Sutula, Slip Opinion No. 2012-Ohio-2790.] Criminal procedure Mandamus to correct sentencing entry Adequate remedy by way of appeal precludes mandamus. (No. 2012-0498 Submitted June 20, 2012 Decided June 26, 2012.) APPEAL from the Court of Appeals for Cuyahoga County, No. 97456, 2012-Ohio-500. __________________ Per Curiam. {¶ 1} We affirm the judgment of the court of appeals dismissing the petition of appellant, Harry M. Barr, for a writ of mandamus to compel appellee, Cuyahoga County Court of Common Pleas Judge John D. Sutula, to correct his sentencing entry to reflect the sentence specified at the court s verdict hearing. Barr had an adequate remedy by way of appeal from his sentencing entry to raise SUPREME COURT OF OHIO his claim of sentencing error. See State ex rel. Hudson v. Sutula, 131 Ohio St.3d 177, 2012-Ohio-554, 962 N.E.2d 798, ¶ 1; R.C. 2731.05. Judgment affirmed. O CONNOR, C.J., and PFEIFER, LUNDBERG STRATTON, O DONNELL, LANZINGER, CUPP, and MCGEE BROWN, JJ., concur. __________________ Harry M. Barr, pro se. ______________________ 2

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