State ex rel. City of Cleveland v. Calandra

Appellant, in its first proposition of law, asserts that the issuance of a writ of mandamus is proper in the instant cause, since an appeal to the Court of Appeals does not provide for a “plain and adequate” remedy in the ordinary course of the law as required by R. C. 2731.05.

We find appellant’s assertion unpersuasive and hold that appellant had a plain and adequate remedy.

Appellant claims that the remedy of appeal is not plain because it is extremely doubtful whether an appeal is avaüable to the prosecution in a case of failure to impose a mandatory sentence.

R. C. 2945.67(A) reads, in…