State ex rel. Albourque v. Terry

{¶ 1} We affirm the judgment of the court of appeals treating the application of appellee, Cuyahoga County Court of Common Pleas Judge Steven J. Terry, for reconsideration as a motion for relief from judgment, granting it, and denying the request of appellant, Houssam Albourque, for a writ of mandamus to compel Judge Terry to issue a new sentencing entry in Albourque’s criminal ease to comply with Crim.R. 32(C).

{¶ 2} The judge’s motion was styled “Application for Reconsideration.” App.R. 26(A)(1) allows for such motions only in “any cause or motion submitted on appeal.” The instant action was…