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Gilde v. Court of Common Pleas

Court of Appeals of Ohio
Mar 13, 1998
No. 97-A-0087 (Ohio Ct. App. Mar. 13, 1998)

Opinion

No. 97-A-0087.

Released March 13, 1998.

Appeal from Ashtabula County.

Petition dismissed. See Per Curiam Opinion and Judgment Entry. (FORD) (NADER) (O'NEILL)


EXTRAORDINARY WRITS:

A writ of mandamus will not lie to compel a trial court to resentence relator pursuant to S.B. 2 for criminal acts committed prior to July 1, 1996. Specifically, relator had an adequate remedy at law because he could have taken a direct appeal from the trial court's decision. Further, relator had no legal right to the relief requested because the Supreme Court of Ohio has held that the amended sentencing provisions of S.B. 2 do not apply to persons convicted of offenses committed prior to July 1, 1996.


Summaries of

Gilde v. Court of Common Pleas

Court of Appeals of Ohio
Mar 13, 1998
No. 97-A-0087 (Ohio Ct. App. Mar. 13, 1998)
Case details for

Gilde v. Court of Common Pleas

Case Details

Full title:STATE ex rel. NEIL S. GILDE, SR., Relator v. COURT OF COMMON PLEAS, COUNTY…

Court:Court of Appeals of Ohio

Date published: Mar 13, 1998

Citations

No. 97-A-0087 (Ohio Ct. App. Mar. 13, 1998)