State ex rel. Cowell v. CroceAnnotate this Case
The Supreme Court affirmed the judgment of the court of appeals dismissing Appellant's action seeking a writ of mandamus to compel Judge Christine Croce to vacate his sentences, merge certain offenses, and resentence him, holding that Appellant could have raised his claims by appealing his sentence.
Appellant pleaded guilty to aggravated burglary, felonious assault, rape and kidnapping. Finding that Appellant's offenses were separate and should not be merged at sentencing the trial court imposed a prison term for each offense and ordered the terms to be served consecutively. Appellant later filed his mandamus action. The court of appeals dismissed the complaint, determining that Appellant had an adequate remedy at law. The Supreme Court affirmed, holding that the court of appeals correctly determined that Appellant did not lack an adequate remedy in the ordinary course of the law because he could have raised his claims by appealing his sentence.