STATE EX REL. LOCKHART v. WHITNEY

No. 10 CAD 12 0094.

2011 Ohio 2023

State, Ex Rel., John C. Lockhart, Jr., Relator, v. Hon. W. Duncan Whitney, Judge Delaware County Court of Common Pleas, Respondent.

Court of Appeals of Ohio, Fifth District, Delaware County.

DATE OF JUDGMENT ENTRY: April 25, 2011.


Attorney(s) appearing for the Case

JOHN C. LOCKHART, JR. , Pro Se, Toledo Correctional Institution, 2001 East Central Avenue, P. O. Box 80033, Toledo, OH 43608-0033, for Relator.

CAROL O'BRIEN , Prosecuting Attorney, ARIC I. HOCHSTETTLER , Assistant Prosecuting Attorney, 140 North Sandusky Street, 3rd Delaware, OH 43015, for Respondent.

Before: William B. Hoffman, P.J. Sheila G. Farmer, J., John W. Wise, J.


OPINION

FARMER, J.

{¶ 1} Relator, John C. Lockhart, has filed a Petition for Writ of Mandamus and/or Procedendo requesting this Court issue a writ requiring the trial court to issue a sentencing entry which complies with Crim.R. 32. Respondent has filed a motion to dismiss arguing the petition is moot. Respondent also suggests the petition should be dismissed for failure to state a claim upon which relief may be granted.

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