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STATE EX REL. DUNCAN v. DeWEESE

No. 11 CA 102.

2012 Ohio 1800

STATE OF OHIO, ex rel. ROY SHANE DUNCAN, Relator, v. JUDGE JAMES DeWEESE, Respondent.

Court of Appeals of Ohio, Fifth District, Richland County.

April 23, 2012.

Attorney(s) appearing for the Case

ROY SHANE DUNCAN, PRO SE, N.C.C.I. Post Office Box 1812, Marion, Ohio 43301-1812, for Relator.

JILL M. COCHRAN, ASSISTANT PROSECUTOR, 38 South Park Street, 2nd Floor, Mansfield, Ohio 44902, for Respondent.

W. Scott Gwin, P. J., Sheila G. Farmer, J. and John W. Wise, J., Judges.

OPINION

WISE, J.

{¶ 1} Relator, Roy Duncan, has filed a Petition for Writ of Mandamus requesting this Court to order Respondent to resentence Relator. Respondent has filed a Motion to Dismiss for failure to state a claim upon which relief may be granted.

{¶ 2} Relator avers the trial court is required to issue a new sentencing entry because the original order issued by the trial court was not a final, appealable...

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