State ex rel. Studgions v. Saffold , 2012 Ohio 1380 ( 2012 )

[Cite as State ex rel. Studgions v. Saffold, 2012-Ohio-1380.]
Court of Appeals of Ohio
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
JOURNAL ENTRY AND OPINION
No. 97751
STATE OF OHIO, EX REL.,
JAMIL STUDGIONS
RELATOR
vs.
JUDGE SHIRLEY S. STRICKLAND SAFFOLD,
ET. AL.
RESPONDENTS
JUDGMENT:
WRIT DENIED
Writ of Mandamus
Motion Nos. 451612 and 451974
Order No. 453400
RELEASE DATE: March 27, 2012
FOR RELATOR
Jamil Studgions, pro se
Inmate No. 573-653
Mansfield Correctional Institution
P. O. Box 788
Mansfield, OH 44901
ATTORNEYS FOR RESPONDENTS
FOR JUDGE SHIRLEY STRICKLAND SAFFOLD, ET AL.,
William D. Mason
Cuyahoga County Prosecutor
By: James E. Moss
Assistant County Prosecutor
Justice Center, 9th Floor
1200 Ontario Street
Cleveland, Ohio 44113
FOR WARDEN TERRY TIBBALS
Mike DeWine
Ohio Attorney General
By: Caitlyn Nestleroth
Assistant Attorney General
Crim. Justice Sect., Corr. Unit
150 East Gay Street, 16th Floor
Columbus, OH 43215
EILEEN A. GALLAGHER, J.:
{¶1} Jamil Studgions has filed a complaint for a writ of mandamus.
Studgions seeks an order from this court, which requires Judge Shirley Strickland
Saffold to conduct a re-sentencing hearing in State v. Studgions, Cuyahoga Cty.
C.P. No. CR-523188, based upon the appellate decision as rendered by this court in
State v. Studgions, 8th Dist. No. 94153, 2010-Ohio-5480. In Studgions, this court
held that his convictions for the offenses of felonious assault and kidnapping were
allied offenses of similar import, which required merger upon re-sentencing. In
addition, Studgions seeks an order from this court, that requires the Warden of the
Mansfield Correctional Institution, Terry Tibbals, to convey him to the Cuyahoga
Cty. Court of Common Pleas for re-sentencing. Studgions request for mandamus,
however is moot.1
{¶2} Attached to Judge Saffold’s “notice of judicial action,” as filed on
March 13, 2012, is a copy of a journal entry that demonstrates Studgions has been
Judge Saffold has filed a motion for summary judgment, while Warden Tibbals has
1
filed a motion to dismiss the compliant for a writ of mandamus. Pursuant to Civ.R.
12(B)(6), Warden Tibbal’s motion to dismiss, as filed on February 3, 2012, is converted
into a Civ.R. 56(C) motion for summary judgment. State ex rel. Boggs v. Springfield
Local School Dist. Bd. of Edn., 72 Ohio St.3d 94, 647 N.E.2d 788 (1995); State ex rel.
Baran v. Fuerst, 55 Ohio St.3d 94, 563 N.E.2d 713 (1990).
re-sentenced with regard to the issue of allied offenses. Thus, Studgions’ request
for mandamus is moot. State ex rel. Jerninghan v. Cuyahoga Cty. Court of
Common Pleas, 74 Ohio St.3d 278, 1996-Ohio-117, 658 N.E.2d 723; State ex rel.
Gantt v. Coleman (1983), 6 Ohio St.3d 5, 450 N.E.2d 1163. In addition, Studgions
possesses an adequate remedy at law through a direct appeal of the judgment of
re-sentencing, which prevents this court from issuing a writ of mandamus. State ex
rel. Toma v. Corrigan, 92 Ohio St.3d 589, 2001-Ohio-1289, 752 N.E.2d 281;
Brooks v. Gaul, 89 Ohio St.3d 202, 729 N.E.2d 752 (2000); Fraiberg v. Cuyahoga
Cty Court of Common Pleas, Domestic Relations Div., 76 Ohio St.3d 374, 667
N.E.2d 1189 (1996).
{¶3} Accordingly, we grant the motions for summary judgment as filed by
Judge Saffold and Warden Tibbals. Costs to Judge Saffold. It is further ordered
that the Clerk of the Eighth District Court of Appeals serve notice of this judgment
upon all parties as required by Civ.R. 58(B).
Writ denied.
EILEEN A. GALLAGHER, JUDGE
PATRICIA A. BLACKMON, A.J., and
MARY J. BOYLE, J.