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STATE EX REL. EUBANK v. McDONALD

No. 2012-1526.

135 Ohio St.3d 186 (2013)

2013-Ohio-72

THE STATE EX REL. EUBANK, Appellant, v. McDONALD, JUDGE, Appellee.

Supreme Court of Ohio.

Decided January 17, 2013.

Attorney(s) appearing for the Case

James R. Eubank, pro se.

Julia R. Bates , Lucas County Prosecuting Attorney, and Kevin A. Pituch , Assistant Prosecuting Attorney, for appellee.

Per Curiam.

{¶ 1} We affirm the judgment dismissing the petition of appellant, James R. Eubank, for a writ of mandamus to compel appellee, Lucas County Court of Common Pleas Judge Frederick McDonald, to issue a new sentencing entry that complies with Crim.R. 32(C). Mandamus will not lie to compel an act that has already been performed. State ex rel. Culgan v. Kimbler, 132 Ohio St.3d 480

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