THE STATE EX REL. LESTER, APPELLANT, v. PEPPLE, JUDGE, APPELLEE.
No. 2011-0327
Supreme Court of Ohio
November 10, 2011
130 Ohio St.3d 353, 2011-Ohio-5756
Submitted November 2, 2011
PFEIFER, J., dissents.
Plevin & Gallucci, Frank Gallucci III, and Michael Shroge; and Paul W. Flowers Co., L.P.A., and Paul W. Flowers, for appellants.
Williams, Moliterno & Scully Co., L.P.A., and Joseph H. Wantz, for appellee.
Per Curiam.
{1 1} We affirm the judgment of the court of appeals dismissing the petition of appellant, Stephen M. Lester, for writs of mandamus and procedendo to compel appellee, Auglaize County Common Pleas Court Judge Frederick D. Pepple, to issue a final and appealable sentencing entry in his criminal case. Neither mandamus nor procedendo will lie to compel an act that has already been performed. See State ex rel. Rose v. McGinty, 123 Ohio St.3d 86, 2009-Ohio-4050, 914 N.E.2d 366, ¶ 2. As we held in a separate appeal by Lester, his original sentencing entry constituted a final, appealable order even though it lacked a specification concerning the manner of his conviction. State v. Lester, 130 Ohio St.3d 303, 2011-Ohio-5204, 958 N.E.2d 142, paragraphs one and two of the syllabus.
Judgment affirmed.
O‘CONNOR, C.J., and PFEIFER, LUNDBERG STRATTON, O‘DONNELL, CUPP, and MCGEE BROWN, JJ., concur.
LANZINGER, J., concurs in judgment only.
Edwin A. Pierce, Auglaize County Prosecuting Attorney, for appellee.