State ex rel. West v. McDonnell , 2014 Ohio 4391 ( 2014 )

[Cite as State ex rel. West v. McDonnell, 2014-Ohio-4391.]
Court of Appeals of Ohio
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
JOURNAL ENTRY AND OPINION
No. 101455
STATE OF OHIO, EX REL.
TIMOTHY WEST
RELATOR
vs.
HONORABLE NANCY McDONNELL
RESPONDENT
JUDGMENT:
WRIT DENIED
Writ of Mandamus
Motion No. 477005
Order No. 478748
RELEASE DATE: September 30, 2014
FOR RELATOR
Timothy West, pro se
Inmate No. A604-876
Richland Correctional Institution
P.O. Box 8107
Mansfield, Ohio 44901
ATTORNEYS FOR RESPONDENT
Timothy J. McGinty
Cuyahoga County Prosecutor
By: James E. Moss
Assistant County Prosecutor
9th Floor Justice Center
1200 Ontario Street
Cleveland, Ohio 44113
LARRY A. JONES, SR., P.J.:
{¶1} On May 29, 2014, the relator, Timothy West, commenced this mandamus
action against the respondent, Judge Nancy McDonnell, to compel the judge to resentence
him in the underlying case, State v. West, Cuyahoga C.P. No. CR-11-548609-B, as
mandated by this court in State v. West, 8th Dist. Cuyahoga Nos. 97391 and 97900,
2013-Ohio-96, that ruled that West’s convictions for cultivating/manufacturing marijuana
and drug trafficking were allied offenses. West had been convicted of both, and the trial
judge had initially sentenced him to consecutive sentences for those offenses. On July
23, 2014, the respondent judge moved for summary judgment on the grounds of
mootness. Attached to her dispositive motion was a certified copy of a July 8, 2014
journal entry scheduling the resentencing for July 24, 2014. A review of the underlying
case’s docket shows that the trial court resentenced West and merged the two counts, with
the state electing to sentence West on the drug trafficking count. West never opposed the
judge’s motion for summary judgment. This action is moot. West has received his
requested relief, a resentencing pursuant to this court’s judgment, and the trial court has
fulfilled its duty to resentence.
{¶2} Accordingly, this court grants the respondent’s motion for summary judgment
and denies the application for a writ of mandamus. Respondent to pay costs; costs
waived. This court directs the clerk of courts to serve all parties with notice of this
judgment and its date of entry upon the journal as required by Civ.R. 58(B).
{¶3} Writ denied.
LARRY A. JONES, SR., PRESIDING JUDGE
EILEEN A. GALLAGHER, J., and
MARY EILEEN KILBANE, J., CONCUR