Smith v. Warren

Smith asserts that the court of appeals erred in dismissing his prohibition action. Smith’s assertion is meritless.

Prohibition will not issue if relator has an adequate remedy in the ordinary course of law. State ex rel. Kreps v. Christiansen (2000), 88 Ohio St.3d 313, 316, 725 N.E.2d 663, 667. Appeal, not prohibition, is the remedy for the correction of errors or irregularities of a court having proper jurisdiction. State ex rel. Jackson v. Miller (1998), 83 Ohio St.3d 541, 543, 700 N.E.2d 1273, 1275. Smith’s assertion of sentencing error is nonjurisdictional, and he had an adequate remedy…