State Ex Rel. Galloway v. Lucas County Court of Common Pleas, 2011 Ohio 5259

State Ex Rel. Galloway v. Lucas County Court of Common Pleas

2011 Ohio 5259

Ohio

2011

Check Treatment

THE STATE EX REL. GALLOWAY, APPELLANT, v. LUCAS COUNTY COURT OF COMMON PLEAS ET AL., APPELLEES.

No. 2011-0871

Supreme Court of Ohio

Submitted October 5, 2011—Decided October 18, 2011

130 Ohio St.3d 206, 2011-Ohio-5259

William D. Mason, Cuyahoga County Prosecuting Attorney, and Katherine Mullin, Assistant Prosecuting Attorney, for appellee.

Robert L. Tobik, Cuyahoga County Public Defender, and Erika Cunliffe, Assistant Public Defender, for appellant.

Ron O‘Brien, Franklin County Prosecuting Attorney, and Sheryl Prichard, Assistant Prosecuting Attorney, urging affirmance for amicus curiae, Franklin County Prosecuting Attorney.

[Cite as

State ex rel. Galloway v. Lucas Cty. Court of Common Pleas, 130 Ohio St.3d 206, 2011-Ohio-5259.]

Per Curiam.

{¶1} We affirm the judgment of the court of appeals denying the request of appellant, Carlos G. Galloway Jr., for writs of mandamus and procedendo to compel appellees, Lucas County Court of Common Pleas and Judge Denise Ann Dartt, to issue judgments in his criminal cases that comply with Crim.R. 32(C) and constitute final, appealable orders.

{¶2} The sentencing entries in Galloway‘s criminal cases fully complied with Crim.R. 32(C) by including the jury verdicts upon which the convictions are based, the sentence, and the signature of the judge and by being entered on the journal by the clerk of court. See

State ex rel. Peterson v. Durkin, 129 Ohio St.3d 213, 2011-Ohio-2639, 951 N.E.2d 381, ¶ 1.

{¶3} Moreover, insofar as Galloway claims that one of his sentencing entries did not properly reflect the jury‘s verdict, he raises mere error, and he had an adequate remedy by appeal to raise the issue. See generally

Manns v. Gansheimer, 117 Ohio St.3d 251, 2008-Ohio-851, 883 N.E.2d 431, ¶ 6 (“sentencing errors are not jurisdictional and are not remediable * * * by extraordinary writ“); , ¶ 13 (neither mandamus nor procedendo will issue if the relator has an adequate remedy in the ordinary course of law).

{¶4} Finally, any error regarding the imposition of court costs can be challenged by appeal.

State ex rel. Whittenberger v. Clarke (2000), 89 Ohio St.3d 207, 208, 729 N.E.2d 756.

{¶5} Therefore, the court of appeals properly denied Galloway‘s request for extraordinary relief in mandamus and procedendo, and we affirm that judgment.

Judgment affirmed.

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

Carlos G. Galloway Jr., pro se.

Julia R. Bates, Lucas County Prosecuting Attorney, and John A. Borell, Assistant Prosecuting Attorney, for appellees.