STATE EX REL. LESTER v. PEPPLE

No. 2011-0327.

130 Ohio St.3d 353 (2011)

2011-Ohio-5756

THE STATE EX REL. LESTER, Appellant, v. PEPPLE, JUDGE, Appellee.

Supreme Court of Ohio.

Decided November 10, 2011.


Attorney(s) appearing for the Case

Stephen M. Lester , pro se.

Edwin A. Pierce , Auglaize County Prosecuting Attorney, for Appellee.


Per Curiam.

{¶ 1} We affirm the judgment of the court of appeals dismissing the petition of Appellant, Stephen M. Lester, for writs of mandamus and procedendo to compel appellee, Auglaize County Common Pleas Court Judge Frederick D. Pepple, to issue a final and appealable sentencing entry in his criminal case. Neither mandamus nor procedendo will lie to compel an act that has already been performed. See State ex rel. Rose v. McGinty...

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