STATE EX REL. DEWINE v. BURGE

No. 2010-1216.

128 Ohio St.3d 236 (2011)

2011-Ohio-235

THE STATE EX REL. DEWINE, Atty. Gen., et al., Appellants, v. BURGE, JUDGE, Appellee.

Supreme Court of Ohio.

Decided January 27, 2011.


Attorney(s) appearing for the Case

Michael DeWine , Attorney General, Benjamin C. Mizer , Solicitor General, David M. Lieberman , Deputy Solicitor, and M. Scott Criss , Assistant Attorney General; and Dennis P. Will , Lorain County Prosecuting Attorney, and Billie Jo Belcher , Assistant Prosecuting Attorney, for appellants.

James M. Burge , pro se.

Sherri Bevan Walsh , Summit County Prosecuting Attorney, and Richard S. Kasay , Assistant Prosecuting Attorney, urging reversal for amicus curiae Ohio Prosecuting Attorneys Association.

Timothy Young , Ohio Public Defender, and E. Kelly Mihocik , Assistant Public Defender, urging affirmance for amicus curiae Ohio Public Defender.


Per Curiam.

{¶ 1} This is an appeal from a judgment of the court of appeals dismissing a claim for a writ of prohibition to compel a common pleas court judge to vacate a judgment of acquittal in a criminal case and to issue a corrected sentencing entry pursuant to applicable precedent and return the defendant to prison. Because the judge patently and unambiguously lacked jurisdiction to remedy a Crim.R. 32(C) defect by granting a judgment...

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