2011-0719 | Ohio | Aug 30, 2011
[Cite as State ex rel. Mack v. Collier, 129 Ohio St. 3d 497" date_filed="2011-08-30" court="Ohio" case_name="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" date_filed="2011-08-30" court="Ohio" case_name="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.
__________________ 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" date_filed="2011-01-26" court="Ohio" case_name="State ex rel. Scheck v. Collier">2011-Ohio-233, 943 N.E.2d 1022, ¶ 1, quoting State ex rel. Alicea v. Krichbaum , 126 Ohio St. 3d 194" date_filed="2010-07-14" court="Ohio" case_name="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" date_filed="2006-12-28" court="Ohio" case_name="State ex rel. Repository v. Nova Behavioral Health, Inc.">112 Ohio St.3d 338, 2006-Ohio- 6713, 859 N.E.2d 936" date_filed="2006-12-28" court="Ohio" case_name="State ex rel. Repository v. Nova Behavioral Health, Inc.">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. _____________________ 2