State ex Rel. Walker
v.
Deweese

Court of Appeals of Ohio, Fifth District, Richland CountyNov 15, 2010
2010 Ohio 5544 (Ohio Ct. App. 2010)

No. 10CA85.

DATE OF JUDGMENT ENTRY: November 15, 2010.

Writ of Mandamus Complaint.

Dismissed.

Gary D. Walker, for Relator.

Kirsten Pscholka-Gartner, Assistant Richland County Prosecutor, for Respondent.

Before: Julie A. Edwards, P.J., W. Scott Gwin, J., Sheila G. Farmer, J.


OPINION


EDWARDS, P.J.

{¶ 1} Relator, Gary D. Walker, has filed a Complaint for Writ of Mandamus requesting this Court issue a writ of mandamus compelling Respondent, Judge James Deweese, to issue an amended sentencing entry which addressed all forty-five counts against Relator. The trial court's initial sentencing entry did not address the odd numbered counts of the indictment because they were determined to be allied offenses with the even numbered offenses. The instant complaint was filed on July 2, 2010. The trial court issued an amended sentencing entry addressing all forty-five counts on September 7, 2010.

{¶ 2} Respondent has filed a Motion to Dismiss suggesting the complaint should be dismissed as moot because the trial court has now ruled on the motion.

{¶ 3} The Supreme Court has held, "Neither procedendo nor mandamus will compel the performance of a duty that has already been performed. State ex rel. Grove v. Nadel (1998), 84 Ohio St.3d 252, 253, 703 N.E.2d 304, 305." State ex rel. Kreps v. Christiansen (2000), 88 Ohio St.3d 313, 318, 725 N.E.2d 663, 668.

{¶ 4} Because the requested relief has already been obtained, we find the complaint for writ of mandamus is moot and grant the motion to dismiss.

{¶ 5} MOTION TO DISMISS GRANTED.

{¶ 6} COSTS WAIVED.

By: Edwards, P.J., Gwin, J. and Farmer, J. concur

JUDGMENT ENTRY

For the reasons stated in our accompanying Memorandum-Opinion on file, the complaint is dismissed. Costs waived.