State ex rel. Lockhart v. Whitney

2011 Ohio 4896, 130 Ohio St. 3d 95, 2011 WL 4502877

• Court: Ohio Supreme Court
• Decided: September 28, 2011
• Docket: 2011-0822
• Status: Published

Opinion

Per Curiam.

{¶ 1} We affirm the judgment of the court of appeals dismissing the petition of appellant, John C. Lockhart Jr., for writs of mandamus and procedendo. Lock-hart seeks the writs to compel appellee, Delaware County Court of Common Pleas Judge W. Duncan Whitney, to issue a sentencing entry in Lockhart’s criminal case that complies with Crim.R. 32. Lockhart challenges the propriety of Judge Whitney’s December 2009 nunc pro tunc sentencing entry.

{¶ 2} Lockhart’s claims for extraordinary relief lack merit because the sentencing entry fully complied with Crim.R. 32(C) by including the findings of the jury upon which his convictions are based, the sentence, the signature of the judge, and the time stamp indicating journalization by the clerk of court. See State ex rel. Cunningham v. Lindeman, 126 Ohio St.3d 481, 2010-Ohio-4388, 935 N.E.2d 393, ¶ 1. “Neither procedendo nor mandamus will compel the performance of a duty that has already been performed.” State ex rel. Kreps v. Christiansen (2000), 88 Ohio St.3d 313, 318, 725 N.E.2d 663; State ex rel. Rose v. McGinty, 123 Ohio St.3d 86, 2009-Ohio-4050, 914 N.E.2d 366, ¶ 2.

{¶ 3} Therefore, the court of appeals correctly dismissed Lockhart’s petition, and we affirm that judgment.

Judgment affirmed.

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