State ex rel. Alicea v. Krichbaum
2010 Ohio 3234
Ohio
2010
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THE STATE EX REL. ALICEA, APPELLANT, v. KRICHBAUM, JUDGE, APPELLEE.

No. 2010-0430

Supreme Court of Ohio

Submitted July 6, 2010—Decided July 14, 2010

126 Ohio St.3d 194, 2010-Ohio-3234

Harry Barr, pro se.

William D. Mason, Cuyahoga County Prosecuting Attorney, and James E. Moss, Assistant Prosecuting Attorney, for appellee.

Per Curiam.

{¶ 1} We affirm the judgment of the court of appeals dismissing the complaint of appellant, Clemente Alicea, for a writ of mandamus to compel appellee, Mahoning County Court of Common Pleas Judge R. Scott Krichbaum, to hold a new sentencing hearing. Alicea claims that his 1999 sentencing entry was not a final, appealable order because it did not include any indication of the manner of his conviction as required by Crim.R. 32(C).

{¶ 2} Alicea‘s claim lacks merit for two reasons. First, the remedy for a failure to comply with Crim.R. 32(C) is a revised sentencing entry rather than a new hearing.

, ¶ 8-10. Second, Alicea‘s sentencing entry fully complied with Crim.R. 32(C) and
, syllabus. The entry specified that Alicea was found guilty of rape after a jury trial. Therefore, the sentencing entry constituted a final, appealable order, and Alicea is not entitled to a new sentencing entry.
.

{¶ 3} Therefore, the court of appeals properly dismissed Alicea‘s complaint for a writ of mandamus.

Judgment affirmed.

BROWN, C.J., and PFEIFER, LUNDBERG STRATTON, O‘CONNOR, O‘DONNELL, LANZINGER, and CUPP, JJ., concur.

Clemente Alicea, pro se.

Paul J. Gains, Mahoning County Prosecuting Attorney, and Ralph M. Rivera, Assistant Prosecuting Attorney, for appellee.