State ex rel. Rankin v. Mohr
958 N.E.2d 944
Ohio
2011
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THE STATE EX REL. RANKIN, APPELLANT, v. MOHR, DIR., APPELLEE.

No. 2011-0997

Supreme Court of Ohio

November 23, 2011

130 Ohio St.3d 400, 2011-Ohio-5934

associated bank charges. at 18-9. Based upon these factual differences and the fact that respondent has relocated to Texas and is not currently practicing law, we agree that a one-year stayed suspension is the appropriate sanction in this case.

{19} Accordingly, Fitzgerald Terrance Murraine is suspended from the practice of law for one year, with the entire suspension stayed on the condition that he commit no further misconduct. The sanction shall not commence until Murraine‘s current suspension for failure to meet his CLE requirements is terminated and he returns to active attorney-registration status. If he fails to comply with the condition of the stay, the stay will be lifted, and he will serve the full one-year suspension. Costs are taxed to Murraine.

Judgment accordingly.

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

Jonathan E. Coughlan, Disciplinary Counsel, and Heather L. Hissom, Assistant Disciplinary Counsel, for relator.

Fitzgerald Terrance Murraine, pro se.

(Submitted November 16, 2011—Decided November 23, 2011.)

Per Curiam.

{11} We affirm the judgment of the court of appeals denying the request of appellant, Robert Rankin, for a writ of mandamus to compel appellee, Gary Mohr, the director of the Ohio Department of Rehabilitation and Correction (“ODRC“), to recalculate the expiration of his stated prison term by crediting each of his concurrent prison terms with 734 days.

{12} The ODRC director had no duty to reduce Rankin‘s Highland County 13-year sentence by the number of days that Rankin was confined for other crimes before he received the 13-year sentence. R.C. 2967.191 provides: “The department of rehabilitation and correction shall reduce the stated prison term of a prisoner * * * by the total number of days that the prisoner was confined for any reason arising out of the offense for which the prisoner was convicted and sentenced * * *” The fact that the Highland County court ordered that Rankin‘s 13-year sentence be served concurrently with his prior sentences does not affect our determination that Rankin is not entitled to a reduction of his 13-year sentence. See generally . Our holding in , does not require a different result, because in that case, the defendant was held on each of the charges before his sentencing, and he was thus entitled to a reduction of each concurrent prison term. at ¶ 17-18.

{13} Therefore, we affirm the judgment of the court of appeals.

Judgment affirmed.

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

Robert Rankin, pro se.

Michael DeWine, Attorney General, and Jason Fuller, Assistant Attorney General, for appellee.