State ex rel. Sullivan v. Cuyahoga Cty. Court of Common Pleas , 2023 Ohio 318 ( 2023 )

[Cite as State ex rel. Sullivan v. Cuyahoga Cty. Court of Common Pleas, 2023-Ohio-318.]
COURT OF APPEALS OF OHIO
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
STATE OF OHIO IN THE RELATION :
OF DONALD SULLIVAN,
:
Relator, No. 112284
:
v.
:
CUYAHOGA COUNTY COURT OF
COMMON PLEAS, :
Respondent. :
JOURNAL ENTRY AND OPINION
JUDGMENT: WRIT DENIED
DATED: January 27, 2023
Writs of Procedendo
Motion No. 561159
Order No. 561410
Appearances:
Donald Sullivan, pro se.
Michael C. O’Malley, Cuyahoga County Prosecuting
Attorney, and James E. Moss, Assistant Prosecuting
Attorney, for respondent.
MICHELLE J. SHEEHAN, J.:
Donald Sullivan, the relator, has filed a complaint for a writ of
procedendo. Sullivan seeks an order from this court that compels the Cuyahoga
County Court of Common Pleas, the respondent, to grant jail-time credit in State v.
Sullivan, Cuyahoga C.P. Nos. CR-19-636338-A (original indictment dismissed) and
CR-19-639981-A (reindictment). The Cuyahoga County Court of Common Pleas has
filed a motion for summary judgment. Because the trial court has issued an order
granting the requested jail-time credit, the respondent’s motion for summary
judgment is granted.
Attached to the motion for summary judgment is a copy of a judgment
entry, journalized January 11, 2023, that demonstrates Sullivan has been granted
jail-time credit in the amount of 100 days in CR-19-636338-A and 430 days in
CR-19-639981-A, for a total of 530 days of jail-time credit. Relief is unwarranted
because the request for a writ of procedendo is moot. Procedendo will not compel
the performance of a duty that has already been performed. State ex rel. Ames v.
Pokorny, 164 Ohio St.3d 538, 2021-Ohio-2070, 173 N.E.3d 1208; Thompson v.
Donnelly, 155 Ohio St.3d 184, 2018-Ohio-4073, 119 N.E.3d 1292; State ex rel. S.Y.C.
v. Floyd, 8th Dist. Cuyahoga No. 109602, 2020-Ohio-5189.
In addition, this court will not issue an extraordinary writ in order to
correct any error associated with the calculation of jail-time credit. Any error
associated with the calculation of jail-time credit must be addressed through a direct
appeal. State ex rel. Brookins v. Court of Common Pleas Cuyahoga Cty., 8th Dist.
Cuyahoga No. 76135, 1999 Ohio App. LEXIS 2170 (May 13, 1999); State ex rel.
Britton v. Judge Foley-Jones, 8th Dist. Cuyahoga No. 73646, 1998 Ohio App. LEXIS
856 (Mar. 5, 1998); State ex rel. Spates v. Judge Sweeney, 8th Dist. Cuyahoga
No. 71986,1997 Ohio App. LEXIS 1516 (Apr. 17, 1997).
Accordingly, we grant the Cuyahoga County Court of Common Pleas’
motion for summary judgment. Costs waived. The court directs the clerk of courts
to serve all parties with notice of this judgment and the date of entry upon the
journal as required by Civ.R. 58(B).
Writ denied.
___________________________
MICHELLE J. SHEEHAN, JUDGE
EILEEN A. GALLAGHER, P.J., and
SEAN C. GALLAGHER, J., CONCUR