62 Ohio St. 2d 331 | Ohio | 1980
The question presented by this cause is whether the issuance of the writ of mandamus by the Court of Appeals compelling respondent to sentence the defendant in conformity with R. C. 2929.11 was proper.
In State, ex rel. Cleveland, v. Calandra (1980), 62 Ohio St. 2d 121, 403 N.E. 2d 989, this court affirmed the denial of a complaint for a writ of mandamus in a cause involving the refusal of a trial judge to impose the mandatory sentence required by Section 619.09(B)(1) of the Cleveland city ordinances. This court held that the prosecutor possessed a plain and adequate remedy at law under R. C. 2945.67(A), which provides, in applicable part:
“A prosecuting attorney, village solicitor, [or] city director of law* * *may appeal by leave of the court to which the appeal is taken any other decision, except the final verdict, of the trial court in a criminal case* * *.”
Although the instant cause differs from Calandra to some degree, inasmuch as the trial court in this cause refused to apply the sentence prescribed by statute,
Accordingly, the judgment of the Court of Appeals is reversed.
Judgment reversed.
State, ex rel. Moraites, v. Gorman (1975), 42 Ohio St. 2d 175, 326 N.E. 2d 868, was decided prior to the effective date of present R. C. 2945.67.