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The State Ex Rel. Lester v. Pepple

November 10, 2011

THE STATE EX REL. LESTER,
APPELLANT,
v.
PEPPLE, JUDGE,
APPELLEE.



APPEAL from the Court of Appeals for Auglaize County, No. 02-10-34.

Per curiam.

[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State ex rel.

Lester v. Pepple, Slip

Opinion No. 2011-Ohio-5756.

NOTICE

This slip opinion is subject to formal revision before it is published in an advance sheet of the Ohio Official Reports. Readers are requested to promptly notify the Reporter of Decisions, Supreme Court of Ohio, 65 South Front Street, Columbus, Ohio 43215, of any typographical or other formal errors in the opinion, in order that corrections may be made before the opinion is published.

SLIP OPINION NO. 2011-OHIO-5756

[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State ex rel. Lester v. Pepple, Slip Opinion No. 2011-Ohio-5756.]

Criminal procedure--Judgment entry of conviction sufficient--Writs of mandamus and procedendo denied.

Submitted November 2, 2011

{¶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, 123 Ohio St.3d 86, 2009-Ohio- 4050, 914 N.E.2d 366, ¶ 2. As we held in a separate appeal by Lester, his original sentencing entry constituted a final, appealable order even though it lacked a specification concerning the manner of his conviction. State v. Lester, ___ Ohio St.3d ___, 2011-Ohio-5204, ___ N.E.2d ___, paragraphs one and two of the syllabus.

Judgment affirmed.

O'CONNOR, C.J., and PFEIFER, LUNDBERG STRATTON, O'DONNELL, CUPP, and MCGEE ...


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