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State of Ohio v. Larry Lugli

September 30, 2011

STATE OF OHIO
APPELLEE
v.
LARRY LUGLI
APPELLANT



Trial Court No. 1994-CR-108

The opinion of the court was delivered by: Handwork, J.

Cite as

State v. Lugli,

DECISION AND JUDGMENT

{¶1} Appellant, Larry Lugli, appeals from a denial of a motion for resentencing that was entered by the Erie County Court of Common Pleas on January 21, 2011. Because appellant seeks to compel the trial court to correct a judgment entry that allegedly fails to comply with Crim.R. 32(C), and because appellant already filed a

motion in the trial court seeking the requested correction and that motion was denied, the proper remedy for appellant, in this court, is to file an action for mandamus. See Jones v. Ansted, 6th Dist. No. S-11-024, 2011-Ohio-3714, ¶ 5-7. Because appellant filed a direct appeal, rather than an action for mandamus, the appeal is appropriately dismissed.

{¶2} For the foregoing reasons, appellant's appeal is dismissed. Appellant is ordered to pay the costs of this appeal pursuant to App.R. 24.

APPEAL DISMISSED.

A certified copy of this entry shall constitute the mandate pursuant to App.R. 27. See, also, 6th Dist.Loc.App.R. 4.

Peter M. Handwork, J.

JUDGE

Arlene Singer, J.

Stephen A. Yarbrough, ...


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