State ex rel. Peterson v. Durkin

2011 Ohio 2639, 129 Ohio St. 3d 213
CourtOhio Supreme Court
DecidedJune 7, 2011
Docket2011-0260
StatusPublished
Cited by2 cases

This text of 2011 Ohio 2639 (State ex rel. Peterson v. Durkin) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State ex rel. Peterson v. Durkin, 2011 Ohio 2639, 129 Ohio St. 3d 213 (Ohio 2011).

Opinion

Per Curiam.

{¶ 1} We affirm the judgment of the court of appeals dismissing the petition of appellant, Bobbie Peterson, for writs of mandamus and procedendo to compel appellees, Mahoning County Court of Common Pleas Judge John M. Durkin and the common pleas court, to enter a sentencing entry that complies with Crim.R. 32(C) and properly imposes postrelease control. Judge Durkin’s February 27, 2007 sentencing entry fully complied with Crim.R. 32(C) by including his guilty plea, the sentence, the judge’s signature, and the time stamp indicating the entry upon the journal by the clerk of court. The entry also included sufficient language that postrelease control was part of his sentence so as to give appellant sufficient notice to raise any claimed errors on appeal rather than by extraordinary writ. See State ex rel. Pruitt v. Cuyahoga Cty. Court of Common Pleas, 125 Ohio St.3d 402, 2010-Ohio-1808, 928 N.E.2d 722, ¶ 4; Watkins v. Collins, 111 Ohio St.3d 425, 2006-Ohio-5082, 857 N.E.2d 78, ¶ 51-53.

Judgment affirmed.

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

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Related

State v. Smith
2012 Ohio 5965 (Ohio Court of Appeals, 2012)
State Ex Rel. Galloway v. Lucas County Court of Common Pleas
2011 Ohio 5259 (Ohio Supreme Court, 2011)

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Bluebook (online)
2011 Ohio 2639, 129 Ohio St. 3d 213, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-peterson-v-durkin-ohio-2011.