Lenard v. Russo

2012 Ohio 4236, 976 N.E.2d 890, 133 Ohio St. 3d 152

Opinion

Per Curiam.

{¶ 1} We affirm the judgment dismissing the petition of appellant, Richard Lenard, for a writ of prohibition to compel appellee, Cuyahoga County Common Pleas Court Judge John J. Russo, to vacate his conviction and sentence for violating a temporary protection order. Judge Russo did not patently and unambiguously lack jurisdiction to convict and sentence Lenard because the court had jurisdiction over the criminal proceeding, including sentencing, see R.C. 2931.03, and Lenard’s plea of guilty to the charge of violating a temporary protection order constituted a complete admission of the charge, Shie v. Leonard, 84 Ohio St.3d 160, 161, 702 N.E.2d 419 (1998), and Crim.R. 11(B)(1). Lenard had an adequate remedy by appeal from his sentencing entry to raise his claim of sentencing error. State ex rel. Hudson v. Sutula, 131 Ohio St.3d 177, 2012-Ohio-554, 962 N.E.2d 798, ¶ 1; State ex rel. Pruitt v. Donnelly, 129 Ohio St.3d 498, 2011-Ohio-4203, 954 N.E.2d 117, ¶ 2.

Judgment affirmed.

O’Connor, C.J., and Pfeifer, Lundberg Stratton, O’Donnell, Lanzinger, Cupp, and McGee Brown, JJ., concur.