Opinion
No. 97182
12-13-2011
STATE OF OHIO, EX REL. TRAMAINE E. MARTIN RELATOR v. HON. JUDGE JOAN C. SYNENBERG RESPONDENT
FOR RELATOR Tramaine E. Martin ATTORNEYS FOR RESPONDENT William D. Mason Cuyahoga County Prosecutor By: James E. Moss Assistant County Prosecutor
JOURNAL ENTRY AND OPINION
JUDGMENT: WRIT DENIED
Writ of Procedendo
Motion No. 447733
Order No. 450049
FOR RELATOR
Tramaine E. Martin
ATTORNEYS FOR RESPONDENT
William D. Mason
Cuyahoga County Prosecutor
By: James E. Moss
Assistant County Prosecutor
COLLEEN CONWAY COONEY, J.:
{¶ 1} On August 19, 2011, the relator, Tramaine Martin, commenced this procedendo action against the respondent, Judge Joan Synenberg, to compel the judge to rule on a motion to vacate postrelease control sanctions which he filed on January 25, 2011, in the underlying case, State v. Martin, Cuyahoga County Common Pleas Court Case No. CR-468883. On September 14, 2011, the respondent moved for summary judgment on the grounds of mootness. Attached to the dispositive motion was a certified copy of a September 13, 2011 journal entry which granted the subject motion in part and denied it in part. The judge ruled that to the extent that the sentence did not include the statutorily mandated terms of postrelease control, that part of the sentence is void; the rest of Martin's sentence remains valid. Martin did not oppose the respondent's motion. This establishes that Martin has received his requested relief, a resolution of the subject motion. Thus, this action is moot.
{¶ 2} Accordingly, the court grants the respondent's motion for summary judgment and denies the application for a writ of procedendo. Costs assessed against the respondent. The clerk is directed to serve upon the parties notice of this judgment and its date of entry upon the journal. Civ.R. 58(B).
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COLLEEN CONWAY COONEY, PRESIDING JUDGE
SEAN C. GALLAGHER, J., and KATHLEEN ANN KEOUGH, J., CONCUR