Lenard v. Russo
Annotate this Case
Download PDF
[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as Lenard v. Russo, Slip Opinion No. 2012-Ohio-4236.] 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-4236 LENARD, APPELLANT, v. RUSSO, JUDGE, APPELLEE. [Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as Lenard v. Russo, Slip Opinion No. 2012-Ohio-4236.] Prohibition Writ sought to compel judge to vacate a conviction and sentence Judge did not patently and unambiguously lack jurisdiction Court of appeals dismissal of complaint for writ affirmed. (No. 2012-0967 Submitted September 12, 2012 Decided September 20, 2012.) APPEAL from the Court of Appeals for Cuyahoga County, No. 98106, 2012-Ohio-2397. __________________ Per Curiam. {¶ 1} We affirm the judgment dismissing the petition of appellant, Richard Lenard, for a writ of prohibition to compel appellee, Cuyahoga County Common Pleas Court Judge John J. Russo, to vacate his conviction and sentence for violating a temporary protection order. Judge Russo did not patently and unambiguously lack jurisdiction to convict and sentence Lenard because the court had jurisdiction over the criminal proceeding, including sentencing, see R.C. SUPREME COURT OF OHIO 2931.03, and Lenard s plea of guilty to the charge of violating a temporary protection order constituted a complete admission of the charge, Shie v. Leonard, 84 Ohio St.3d 160, 161, 702 N.E.2d 419 (1998), and Crim.R. 11(B)(1). Lenard had an adequate remedy by appeal from his sentencing entry to raise his claim of sentencing error. State ex rel. Hudson v. Sutula, 131 Ohio St.3d 177, 2012-Ohio554, 962 N.E.2d 798, ¶ 1; State ex rel. Pruitt v. Donnelly, 129 Ohio St.3d 498, 2011-Ohio-4203, 954 N.E.2d 117, ¶ 2. Judgment affirmed. O CONNOR, C.J., and PFEIFER, LUNDBERG STRATTON, O DONNELL, LANZINGER, CUPP, and MCGEE BROWN, JJ., concur. _____________________ Richard Lenard, pro se. _____________________ 2
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
