THE STATE EX REL. WHITE, APPELLANT, v. SUSTER, JUDGE, APPELLEE.
No. 2002-0045
Supreme Court of Ohio
Submitted April 9, 2002—Decided June 12, 2002.
95 Ohio St.3d 465 | 2002-Ohio-2482
APPEAL from the Court of Appeals for Cuyahoga County, No. 79986, 2001-Ohio-4158.
Per Curiam.
{¶1} In 1996, appellant, Dewight White, was convicted of two counts of burglary, two counts of theft, and one count of theft of less than $5,000, and was sentenced to an aggregate prison term of three and one-half years to fifteen and one-half years. In December 2000, appellee, Cuyahoga County Common Pleas Court Judge Ronald Suster, denied White’s motion to correct the entry of sentence.
{¶2} In July 2001, White filed a complaint in the Court of Appeals for Cuyahoga County for a writ of mandamus to compel Judge Suster to correct his journal entry “to reflect the fact that [his] sentencing was never scheduled for April 11, 1996, at 9:00 A.M. at Relator’s request, nor was Relator sentenced on March 28, 1996.” White did not attach an affidavit required of inmates by
{¶3} In his appeal of right, White challenges only the first of the three reasons given by the court of appeals in denying the writ. Therefore, even assuming that White’s contention on appeal is correct, he would still not be entitled to reversal of the judgment. In other words, even if the court’s rationale on one of its grounds was incorrect, its judgment denying the writ based on the two grounds that White does not challenge on appeal was proper. State ex rel. Tenace v. Court of Claims (2002), 94 Ohio St.3d 319, 321, 762 N.E.2d 1009; see, also, State ex rel. Sherrills v. Franklin Cty. Clerk of Courts (2001), 92 Ohio St.3d 402, 750 N.E.2d 594, affirming dismissal of mandamus claim for failure to comply with
{¶4} Based on the foregoing, we affirm the judgment of the court of appeals.
Judgment affirmed.
MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER, COOK and LUNDBERG STRATTON, JJ., concur.
Dewight White, pro se.