State ex rel. Jackson v. Calabrese , 2014 Ohio 3827 ( 2014 )

[Cite as State ex rel. Jackson v. Calabrese, 2014-Ohio-3827.]
Court of Appeals of Ohio
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
JOURNAL ENTRY AND OPINION
No. 101556
STATE OF OHIO, EX REL.,
LAWRENCE B. JACKSON
RELATOR
vs.
JUDGE DEENA R. CALABRESE
RESPONDENT
JUDGMENT:
WRIT DENIED
Writ of Mandamus
Motion No. 476793
Order No. 477321
RELEASE DATE: September 3, 2014
RELATOR
Lawrence B. Jackson, pro se
Inmate No. 621-066
Lake Erie Correctional Institution
501 Thompson Road
Conneaut, Ohio 44030
ATTORNEYS FOR RESPONDENT
Timothy J. McGinty
Cuyahoga County Prosecutor
James E. Moss
Assistant County Prosecutor
The Justice Center - 9th Floor
1200 Ontario Street
Cleveland, Ohio 44113
MARY EILEEN KILBANE, J.:
{¶1} Lawrence B. Jackson has filed a complaint for a writ of mandamus.
Jackson seeks an order from this court that requires Judge Deena R. Calabrese to issue a
journal entry with regard to the denial of a motion to suppress filed in State v. Jackson,
Cuyahoga C.P. No. CR-554303. Judge Calabrese has filed a motion for summary
judgment, which we grant for the following reasons.
{¶2} Initially, we find that Jackson has failed to provide a statement that sets
forth the balance in his inmate account for the preceding six months as certified by the
institutional cashier. See R.C. 2969.25(C). Jackson’s failure to comply with the
mandatory requirement of R.C. 2969.25(C) renders his complaint defective and thus
subject to dismissal. State ex rel. Gooden v. Kagel, 138 Ohio St.3d 343, 2014-Ohio-869,
6 N.E.2d 1170.
{¶3} In addition, Jackson’s request for a writ of mandamus is moot. Attached to
the motion for summary judgment is a copy of a judgment entry, journalized on
September 9, 2011, which demonstrates that Jackson’s motion to suppress was denied.
{¶4} Finally, the transcript of proceedings, attached to Jackson’s complaint as
Appendix A, demonstrates that Judge Calabrese stated her factual findings on the record,
thus complying with any need for rendering findings of fact and conclusions of law.
This court has previously held that a defendant is not prejudiced by a trial court’s
failure to comply with a defendant’s request for findings of fact on the court’s
suppression ruling where the record provides an appellate court with a sufficient basis to
review a defendant’s assignments of error. See State v. King, 136 Ohio App.3d 377, 381,
736 N.E.2d 921 (8th Dist.1999); State v. Almalik, 41 Ohio App.3d 101, 534 N.E.2d 898(8th Dist. 1987); State v. Fannin, 8th Dist. Cuyahoga No. 79991, 2002-Ohio-6312; Parma
v. Reschke, 8th Dist. Cuyahoga No. 58015, 1991 Ohio App. LEXIS 644 (Feb. 14, 1991);
Geraci v. Maddalena, 8th Dist. Cuyahoga No. 47964 (Oct. 25, 1984).
{¶5} Accordingly, we grant Judge Calabrese’s motion for summary judgment.
Costs to Jackson. The 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).
{¶6} Writ denied.
MARY EILEEN KILBANE, JUDGE
EILEEN A. GALLAGHER, J., and
KATHLEEN ANN KEOUGH, P.J., CONCUR