State ex rel. Lester v. Pepple

{¶ 1} We affirm the judgment of the court of appeals dismissing the petition of appellant, Stephen M. Lester, for writs of mandamus and procedendo to compel appellee, Auglaize County Common Pleas Court Judge Frederick D. Pepple, to issue a final and appealable sentencing entry in his criminal case. Neither mandamus nor procedendo will lie to compel an act that has already been performed. See State ex rel. Rose v. McGinty, 123 Ohio St.3d 86, 2009-Ohio-4050, 914 N.E.2d 366, ¶ 2. As we held in a separate appeal by Lester, his original sentencing entry constituted a final, appealable order even…