State ex rel. Rose v. McGinty

{¶ 1} We affirm the judgment of the court of appeals denying a writ of procedendo to compel appellee, Cuyahoga County Court of Common Pleas Judge Timothy J. McGinty, to enter a new judgment of conviction and sentence for appellant, Floyd Rose, in State v. Rose, Cuyahoga Cty. C.P. case No. CR-07-492008-B, that complies with the requirements of Crim.R. 32(C) and R.C. 2505.02.

{¶ 2} “A writ of procedendo will not issue to compel the performance of a duty that has already been performed.” State ex rel. Sevayega v. McMonagle, 122 Ohio St.3d 54, 2009-Ohio-2367, 907 N.E.2d 1180, ¶ 1; State ex rel.…