Summary
In State ex rel. Harrell v. Court of Common Pleas (1979), 58 Ohio St.2d 193, 12 O.O.3d 189, 389 N.E.2d 506, the Ohio Supreme Court held that a mandamus action to compel a trial court to grant credit for confinement time is "misdirected" because that duty rests solely with the APA.
Summary of this case from State v. GregoryOpinion
No. 79-124
Decided May 16, 1979.
Mandamus — To compel grant of pretrial confinement time credit — Writ denied, when.
APPEAL from the Court of Appeals for Hamilton County.
This is an appeal as of right from the dismissal of a complaint for a writ of mandamus by the Court of Appeals.
Appellant's mandamus action sought an order to compel the Court of Common Pleas of Hamilton County to grant him pretrial confinement credit from the date of his arrest, May 3, 1973, to the time of sentence imposition, October 18, 1973.
Mr. Wilborn D. Harrell, pro se. Mr. Simon L. Leis, Jr., prosecuting attorney, and Mr. Leonard Kirshner, for appellee.
The mandamus action below, which sought an order requiring the Court of Common Pleas of Hamilton County to actually grant pre-trial confinement time credit, was misdirected inasmuch as that duty, where warranted, rests solely with the Adult Parole Authority by reason of R.C. 2967.191 as amended effective March 23, 1973, and as further amended effective November 1, 1978.
For the reason of the foregoing, the judgment of the Court of Appeals dismissing the complaint is affirmed.
Judgment affirmed.
CELEBREZZE, C.J., HERBERT, W. BROWN, P. BROWN, SWEENEY, LOCHER and HOLMES, JJ., concur.