Case Information
*1 [Cite as State ex rel. Cunningham v. Lindeman , 126 Ohio St.3d 481, 2010-Ohio-4388.]
T HE S TATE EX REL . C UNNINGHAM , A PPELLANT , v. L INDEMAN , J UDGE ,
A PPELLEE . [Cite as State ex rel. Cunningham v. Lindeman , 126 Ohio St.3d 481, 2010-Ohio-4388.] Appeal from dismissal of a petition for writ of mandamus or procedendo — Act
complained of already performed — Adequate remedy at law — Judgment affirmed.
(No. 2010-0792 — Submitted September 15, 2010 — Decided September 22, 2010.) A PPEAL from the Court of Appeals for Miami County, No. 10-CA-09.
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Per Curiam.
{¶ 1} We affirm the judgment of the court of appeals dismissing the claim of appellant, Willie Cunningham, for a writ of mandamus or procedendo to compel appellee, Miami County Court of Common Pleas Judge Robert J. Lindeman, to issue a new sentencing entry in Cunningham’s criminal case to comply with Crim.R. 32(C). Cunningham’s sentencing entry fully complied with Crim.R. 32(C), as construed in State v. Baker , 119 Ohio St.3d 197, 2008-Ohio- 3330, 893 N.E.2d 163, syllabus, by including the finding of the court upon which his conviction is based, the sentence, the signature of the judge, and the time- stamp journalization by the clerk of court. State ex rel. Pruitt v. Cuyahoga Cty. Court of Common Pleas , 125 Ohio St.3d 402, 2010-Ohio-1808, 928 N.E.2d 722, ¶ 3. The entry specified that Cunningham was tried and was found guilty by the court and that the court imposed no additional major-drug-offender term. Consequently, Cunningham had an adequate remedy by appeal to raise the
S UPREME C OURT OF O HIO claimed sentencing errors. State ex rel. Cotton v. Russo , 125 Ohio St.3d 449, 2010-Ohio-2111, 928 N.E.2d 1092, ¶ 1.
Judgment affirmed. B ROWN , C.J., and P FEIFER , L UNDBERG S TRATTON , O’C ONNOR , O’D ONNELL , L ANZINGER , and C UPP , JJ., concur.
__________________ Willie Cunningham, pro se.
Gary A. Nasal, Miami County Prosecuting Attorney, and James R. Dicks Jr., Assistant Prosecuting Attorney, for appellee.
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