State Ex Rel. Parks v. Olivito, 08 Ca 855 (8-21-2008)

OPINION AND JUDGMENT ENTRY

{¶ 1} This case involves an original action to this court on a petition for a writ of procedendo by Relator and a subsequent motion to dismiss said writ by Respondent. Relator asks us to compel the trial court to either schedule a hearing or rule on two motions which have been pending in the trial court: Relator's April 2, 2004 motion to withdraw his guilty plea and his November 5, 2007, amended/supplemental motion to withdraw that same plea. Respondent has moved to dismiss Relator's petition for failing to state a claim upon which relief may be granted, arguing that…