State ex rel. Duran v. Kelsey

{¶ 1} This is an appeal from a judgment dismissing a petition for writs of mandamus and prohibition to compel a trial court judge to correct a criminal sentence based on a plea agreement. We affirm.

{¶ 2} In 2000, appellant, Augusto Duran, entered into a plea agreement with the prosecutor in which Duran agreed to plead guilty to a felony charge of cocaine possession in exchange for the prosecutor’s recommendation that Duran receive a five-year prison sentence. In the plea agreement, Duran specified that he understood that “any recommendations are not binding on the Court” and that the maximum…