State ex rel. Williams v. McGinty

2011 Ohio 2641

Ohio

2011

Check Treatment

THE STATE EX REL. WILLIAMS, APPELLANT, v. MCGINTY, JUDGE, APPELLEE.

No. 2011-0174

Supreme Court of Ohio

Submitted May 25, 2011—Decided June 7, 2011.

[Cite as State ex rel. Williams v. McGinty, 129 Ohio St.3d 275, 2011-Ohio-2641.]

IEU‘s failure to identify a legal problem with the commission‘s approach deprived the commission of an informed opportunity to set things right. See, e.g.,

Parma v. Pub. Util. Comm. (1999), 86 Ohio St.3d 144, 148, 712 N.E.2d 724 (“we do not accept * * * objections” when appellant has “deprived the commission of an opportunity to redress any injury or prejudice that may have occurred”).

{¶ 20} Accordingly, we affirm because IEU has failed to meet its burden to identify a legal problem with the commission‘s order. To be clear, however, our decision does not endorse or ratify the commission‘s approach. Nor do we hold that the commission‘s approach below was reasonable and lawful.

III. Conclusion

{¶ 21} Because of IEU‘s failure to meet its burden, we must affirm, although the commission does not derive the precedential benefit from this court‘s decision. We hold simply that IEU has given us no reason to reverse. For the foregoing reasons, we affirm.

Order affirmed.

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

McNees, Wallace & Nurick, L.L.C., Samuel C. Randazzo, and Joseph E. Oliker, for appellant.

Michael DeWine, Attorney General, and Thomas G. Lindgren, William L. Wright, and Thomas W. McNamee, Assistant Attorneys General, for appellee, Public Utilities Commission of Ohio.

Steven T. Nourse and Matthew J. Satterwhite, for intervening appellees, Columbus Southern Power Company and Ohio Power Company.

Per Curiam.

{¶ 1} We affirm the judgment of the court of appeals denying the request of appellant, Larry Williams, for a writ of procedendo to compel appellee, Cuyahoga County Court of Common Pleas Judge Timothy J. McGinty, to issue a valid final, appealable order in his criminal case. Judge McGinty‘s December 2009 sentencing entry in the criminal case fully complied with Crim.R. 32(C) by including the findings of the court and guilty pleas entered by Williams upon which his convictions were based, the sentence, the signature of the judge, and the entry on the journal by the clerk of court. See

State ex rel. Cunningham v. Lindeman, 126 Ohio St.3d 481, 2010-Ohio-4388, 935 N.E.2d 393, ¶ 1.

{¶ 2} Insofar as Judge McGinty ordered the sheriff to calculate the jail-time credit, he erred in doing so; the calculation of jail-time credit is the judge‘s duty.

State ex rel. Corder v. Wilson (1991), 68 Ohio App.3d 567, 589 N.E.2d 113; . But this error was remediable in the ordinary course of law by appeal or motion for jail-time credit. See .

Judgment affirmed.

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

Larry Williams, pro se.

William D. Mason, Cuyahoga County Prosecuting Attorney, and James E. Moss, Assistant Prosecuting Attorney, for appellee.