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Per Curiam.
{¶ 1} We affirm the judgment of the court of appeals denying a writ of mandamus to compel appellees, the Cuyahoga County Court of Common Pleas and Judge Bridget M. McCafferty,1 to issue a new sentencing order for appellant, James A. Davis Jr., so that it will be a final, appealable order.
{¶ 2} Notwithstanding Davis's claims, his sentencing entry was a final, appealable order. As the court of appeals correctly concluded, our holding in State v. Baker, 119 Ohio St.3d 197, 2008-Ohio-3330, 893 N.E.2d 163, syllabus, “requires a full resolution of those counts for which there were convictions. It does not require a reiteration of these counts and specifications for which there were no convictions, but were resolved in other ways, such as dismissals, nolled counts, or not guilty findings.” (Emphasis added.) State ex rel. Davis v. Cuyahoga Cty. Court of Common Pleas, Cuyahoga App. No. 93814, 2010-Ohio-1066, ¶ 8. And the erroneous inclusion of postrelease control in Davis's original sentencing entry2 constituted mere error for which he had an adequate remedy in the ordinary course of law by way of appeal. See, e.g., Manns v. Gansheimer, 117 Ohio St.3d 251, 2008-Ohio-851, 883 N.E.2d 431, ¶ 6 (“sentencing errors are not jurisdictional and are not remediable” by extraordinary writ); State ex rel. Pruitt v. Cuyahoga Cty. Court of Common Pleas, 125 Ohio St.3d 402, 2010-Ohio-1808, 928 N.E.2d 722, ¶ 4 (sentencing entry containing language that postrelease control was part of sentence afforded sufficient notice to defendant so that he could raise any claimed errors on appeal rather than by extraordinary writ).
Judgment affirmed.
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Docket No: No. 2010-0677.
Decided: October 14, 2010
Court: Supreme Court of Ohio.
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FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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