Case Information
*1 [Cite as State ex rel. Mack v. Collier, 129 Ohio St.3d 497, 2011-Ohio-4188.]
T HE S TATE EX REL . M ACK , A PPELLANT , v. C OLLIER , J UDGE , A PPELLEE . [Cite as State ex rel. Mack v. Collier, 129 Ohio St.3d 497, 2011-Ohio-4188.] Mandamus — Writ sought to compel common pleas court judge to correct an
error in a resentencing entry — Court of appeals’ dismissal of petition for writ affirmed.
(No. 2011-0719 — Submitted August 8, 2011 — Decided August 30, 2011.) A PPEAL from the Court of Appeals for Medina County, No. 10CA0119-M.
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Per Curiam.
{¶ 1} We affirm the judgment of the court of appeals dismissing the complaint of appellant, Jeffery Mack, for a writ of mandamus to compel appellee, Medina County Court of Common Pleas Judge Christopher J. Collier, to hold a de novo resentencing hearing to correct an error in a sentencing entry that allegedly violated Crim.R. 32(C). “ ‘[T]he remedy for a failure to comply with Crim.R. 32(C) is a revised sentencing entry rather than a new hearing.’ ” State ex rel. Scheck v. Collier , 128 Ohio St.3d 316, 2011-Ohio-233, 943 N.E.2d 1022, ¶ 1, quoting State ex rel. Alicea v. Krichbaum , 126 Ohio St.3d 194, 2010-Ohio-3234, 931 N.E.2d 1079, ¶ 2. In addition, any error regarding the failure to hold a sentencing hearing before issuing a nunc pro tunc entry correcting the term of postrelease control could have been raised on appeal. Scheck at ¶ 1. Finally, although Mack claims on appeal that he is entitled to a revised sentencing entry setting forth the manner of his conviction, his prayer for relief in his complaint was limited to a resentencing hearing. Mack thus waived this claim. See State ex rel. Repository v. Nova Behavioral Health, Inc. , 112 Ohio St.3d 338, 2006-Ohio- 6713, 859 N.E.2d 936, ¶ 41 (relator in mandamus case waived claim that it could have raised, but failed to raise, in its complaint or in an amended complaint).
S UPREME C OURT OF O HIO Judgment affirmed.
O’C ONNOR , C.J., and P FEIFER , L UNDBERG S TRATTON , O’D ONNELL , L ANZINGER , C UPP , and M C G EE B ROWN , JJ., concur.
__________________ Jeffery Mack, pro se.
Dean Holman, Medina County Prosecuting Attorney, and Matthew Kern, Assistant Prosecuting Attorney, for appellee.
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