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STATE EX REL. STANLEY v. D'APOLITO

No. 12 MA 218.

2013 Ohio 428

STATE OF OHIO, ex rel. CHRISTOPHER STANLEY, RELATOR, v. JUDGE LOU D'APOLITO, MAHONING COUNTY COMMON PLEAS COURT, RESPONDENT.

Court of Appeals of Ohio, Seventh District, Mahoning County.

January 18, 2013.

Attorney(s) appearing for the Case

Christopher Stanley, Pro Se #443-303, Mansfield Correctional Institution, P.O. Box 788, Mansfield, Ohio 44901, For Relator.

Attorney Paul Gains, Prosecuting Attorney, Attorney Ralph Rivera, Assistant Prosecuting Attorney, 21 West Boardman Street, 6th Floor, Youngstown, Ohio 44503, For Respondent.

Joseph J. Vukovich, Cheryl L. Waite, Mary DeGenaro, Judges.

OPINION AND JUDGMENT ENTRY

PER CURIAM:

{¶1} Relator Christopher Stanley has filed a petition for a writ of procedendo against the sentencing judge in his criminal case, alleging that the judge has failed to rule on his motion for resentencing. "A writ of procedendo is appropriate when a court has either refused to render a judgment or has unnecessarily delayed proceeding to judgment." State ex rel. Weiss v. Hoover, ...

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