State ex rel. McGuire v. Abruzzo

{¶ 1} We affirm the judgment dismissing the petition of appellant, Dennis B. McGuire, insofar as he requested writs of mandamus and procedendo to compel appellee, Preble County Court of Common Pleas Judge David N. Abruzzo, to issue a sentencing entry that constitutes a valid final judgment in his criminal case. “Neither mandamus nor procedendo will lie to compel an act that has already been performed.” State ex rel. Lester v. Pepple, 130 Ohio St.3d 353, 2011-Ohio-5756, 958 N.E.2d 566, ¶ 1. McGuire’s sentencing entry constituted a final, appealable order although it lacked a specification…