State ex rel. Thomas v. DeWine

2010 Ohio 4984, 938 N.E.2d 328, 127 Ohio St. 3d 214
Ohio Supreme Court·Decided October 19, 2010·No. 2010-1241·Published·Cited by 6 cases

Opinion

Per Curiam.

{¶ 1} We affirm the judgment dismissing the petition of appellant, Ako Thomas, for a writ of mandamus to compel appellee, Hamilton County Court of Common Pleas Judge Patrick DeWine, to resentence him in order to provide him oral notification at his sentencing hearing of his mandatory five-year postreleasecontrol term. Thomas “had an adequate remedy by way of direct appeal from his sentence to raise his claim that he did not receive proper notification about postrelease control at his sentencing hearing.” Briseno v. Cook, 121 Ohio St.3d 38, 2009-Ohio-308, 901 N.E.2d 798, ¶ 1.

Judgment affirmed.

Brown, C.J., and Pfeifer, Lundberg Stratton, O’Connor, O’Donnell, and Cupp, JJ., concur. Lanzinger, J., concurs in judgment only.

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State ex rel. Thomas v. DeWine, 2010 Ohio 4984, 938 N.E.2d 328, 127 Ohio St. 3d 214 (Ohio 2010).

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