State ex rel. Caldwell v. Ohmer

LAWRENCE E. MOONEY, PRESIDING JUDGE

The relator, Michael Caldwell, seeks a writ of mandamus ordering the respondent, Judge Steven R. Ohmer, to reinstate his probation and send him to a 120-day program, rather than revoking his probation and ordering execution of his previously imposed .and suspended sentence. Because Mr. Caldwell has a clear, unequivocal, specific right to a program, and because the circuit court has the unconditional duty to order Mr. Caldwell’s placement in such a program, we issue,a permanent writ of mandamus.

Factual Background

Mr. Caldwell pleaded guilty in June of 2014 to…