State ex rel. Foster v. DeWeese

2011 Ohio 6038, 131 Ohio St. 3d 18

• Court: Ohio Supreme Court
• Decided: November 30, 2011
• Docket: 2011-1351
• Status: Published

Opinion

Per Curiam.

Joseph Foster, pro se. James J. Mayer Jr., Richland County Prosecuting Attorney, and Jill M. Cochran, Assistant Prosecuting Attorney, for appellees.

{¶ 1} We affirm the judgment of the court of appeals dismissing the complaint of appellant, Joseph Foster, for writs of mandamus and procedendo to compel appellees, Richland County Court of Common Pleas and Judge James DeWeese, to issue a final, appealable order in his criminal case. Neither mandamus nor procedendo will compel the performance of a duty 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. Judge DeWeese’s April 3, 2007 sentencing entry in the criminal case fully complied with Crim.R. 32(C) by including the jury verdict upon which his convictions were based, the sentence, the signature of the judge, and the time stamp indicating entry on the journal by the clerk of court. See State ex rel. Williams v. McGinty, 129 Ohio St.3d 275, 2011-Ohio-2641, 951 N.E.2d 755, ¶ 1.

Judgment affirmed.

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