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[Cite as State ex rel. Alicea v. Krichbaum,
126 Ohio St.3d 194,
2010-Ohio-3234.] THE STATE EX REL. ALICEA, APPELLANT, v. KRICHBAUM, JUDGE, APPELLEE. [Cite as State ex rel. Alicea v. Krichbaum,
126 Ohio St.3d 194,
2010-Ohio-3234.] Criminal procedure — Crim.R. 32(C) — Requirements for judgment entry of conviction. (No. 2010-0430 — Submitted July 6, 2010 — Decided July 14, 2010.) APPEAL from the Court of Appeals for Mahoning County, No. 09 MA 213,
2010-Ohio-610. __________________ Per Curiam. {¶ 1} We affirm the judgment of the court of appeals dismissing the complaint of appellant, Clemente Alicea, for a writ of mandamus to compel appellee, Mahoning County Court of Common Pleas Judge R. Scott Krichbaum, to hold a new sentencing hearing. Alicea claims that his 1999 sentencing entry was not a final, appealable order because it did not include any indication of the manner of his conviction as required by Crim.R. 32(C). {¶ 2} Alicea’s claim lacks merit for two reasons. First, the remedy for a failure to comply with Crim.R. 32(C) is a revised sentencing entry rather than a new hearing. State ex rel. Culgan v. Medina Cty. Court of Common Pleas,
119 Ohio St.3d 535,
2008-Ohio-4609,
895 N.E.2d 805, ¶ 8-10. Second, Alicea’s sentencing entry fully complied with Crim.R. 32(C) and State v. Baker,
119 Ohio St.3d 197,
2008-Ohio-3330,
893 N.E.2d 163, syllabus. The entry specified that Alicea was found guilty of rape after a jury trial. Therefore, the sentencing entry constituted a final, appealable order, and Alicea is not entitled to a new sentencing entry. State ex rel. Pruitt v. Cuyahoga Cty. Court of Common Pleas,
125 Ohio St.3d 402,
2010-Ohio-1808,
928 N.E.2d 722. SUPREME COURT OF OHIO {¶ 3} Therefore, the court of appeals properly dismissed Alicea’s complaint for a writ of mandamus. Judgment affirmed. BROWN, C.J., and PFEIFER, LUNDBERG STRATTON, O’CONNOR, O’DONNELL, LANZINGER, and CUPP, JJ., concur. __________________ Clemente Alicea, pro se. Paul J. Gains, Mahoning County Prosecuting Attorney, and Ralph M. Rivera, Assistant Prosecuting Attorney, for appellee. ______________________ 2
Document Info
Docket Number: 2010-0430
Citation Numbers: 2010 Ohio 3234, 126 Ohio St. 3d 194
Judges: Brown, Cupp, Lanzinger, Lundberg, O'Connor, O'Donnell, Pfeifer, Stratton
Filed Date: 7/14/2010
Precedential Status: Precedential
Modified Date: 8/31/2023