State ex rel. Staffrey v. D'Apolito

{¶ 1} Relator, Daniel Staffrey Sr., has filed a petition for a writ of mandamus and procedendo against respondent, Judge Lou D’Apolito, Mahoning County Common Pleas Court. Relator asks that we compel the trial court to rule on his June 26, 2009 motion entitled, “Motion to Withdraw Guilty Plea (Crim.R. 32.1) Motion for Resentencing Request for Hearing.” He also asks that we compel the trial court to set his case for a resentencing hearing. He urges that the sentencing entry in his case fails to specify that he pleaded guilty and thus the trial court must resentence him under State v. Baker,…