Legal Opinion

State ex rel. Alicea v. Krichbaum

Ohio Supreme Court

Decided July 14, 2010No. 2010-0430PublishedCited by 21 opinions

1Per curiam

{¶ 1} We affirm the judgment of the court of appeals dismissing the complaint of appellant, Clemente Alicea, for a writ of mandamus to compel appellee, Mahoning County Court of Common Pleas Judge R. Scott Krichbaum, to hold a new sentencing hearing. Alicea claims that his 1999 sentencing entry was not a final, appealable order because it did not include any indication of the manner of his conviction as required by Crim.R. 32(C).

{¶ 2} Alicea’s claim lacks merit for two reasons. First, the remedy for a failure to comply with Crim.R. 32(C) is a revised sentencing entry rather than a new hearing.…

2Cases cited3 opinions

  1. State v. BakerOhio Supreme Court · 2008
  2. State ex rel. Culgan v. Medina County Court of Common PleasOhio Supreme Court · 2008
  3. State Ex Rel. Pruitt v. Cuyahoga County Court of Common PleasOhio Supreme Court · 2010

3Cited by21 opinions

  1. State v. LesterOhio Supreme Court · 2011
  2. State ex rel. DeWine v. BurgeOhio Supreme Court · 2011
  3. State v. HarrisOhio Court of Appeals · 2012
  4. State ex rel. Winfree v. McDonald (Slip Opinion)Ohio Supreme Court · 2016
  5. State v. BarberOhio Court of Appeals · 2012

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